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(영문) 부산지방법원 서부지원 2018.01.08 2017고단1283
절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Criminal facts

On November 17, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny in the Busan District Court for six months, and on November 4, 2015, the period of parole was expired on June 30, 2016 after the parole on July 30, 2016, when he was sentenced to six months of imprisonment with prison labor for the same crime in the same court.

[2017 Highest 1283] On September 20, 2017, the Defendant, at around 07:00 on September 20, 2017, 11,000 the victim’s cash 11,000 won, driving license 1, 1, new card, 1, golf mileage card, 60,000 won, Samsung C juging a cell phone, which is worth 60,000 won in the market value, was stolen.

[2017 Highest 1843] On July 29, 2017, the Defendant brought one of the victim’s BM passenger cars owned by the victim, who was in the part of the other victim’s bath room, in the 6th male bath in Busan City/Gu, where the victim H was in the part of the other victim’s bath room and neglected surveillance by taking a bath, and brought one of the bM passenger cars owned by the victim.

After that, the Defendant opened a victim’s BMW car door which was parked at the 2nd floor parking lot in G underground on the same day and brought about USD 500 of the U.S. owned by the victim (Korean KRW 600,000), cash 41,000.

Accordingly, the Defendant stolen money and valuables owned by the victim.

The facts charged in this part of the facts charged are as follows: “The Defendant stolen money and valuables equivalent to KRW 4,141,000 in total” by bringing about “one smart key for the BMW car, USD 500,000, and KRW 41,000 in cash.”

However, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant's BMW smart key market price exceeds 3.5 million won, and there is no other evidence to recognize it. Thus, the above MF market price among the facts charged is 3.5 million won.

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