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(영문) 부산지방법원 2017.11.29 2017고단5143
절도
Text

Defendant

A shall be punished by imprisonment for three months, by a fine of 70,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On September 19, 2014, Defendant A was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on March 8, 2015 and completed the execution of the sentence on March 8, 2015.

[2] On June 1, 2017, the Defendants: (a) around the first 02:00, the first 02:00, when Defendant B was employed as an employee of the victim E Kwikset service company in Busan Seo-gu, and (b) on the ground that Defendant A would want to take a part in the above office, and (c) Defendant B entered the above office and kept the key of the victim Obaba in the custody of Obaba in the future; (d) Defendant A was waiting before the office, and then used the key to Defendant B, and she took part in the market price of KRW 125c mera in the market price of KRW 1.4 million in the victim’s possession.

As a result, the Defendants conspired to steal the property owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the police officer in G;

1. Statement protocol by the police for E;

1. On-site photographs and ozone photographs damaged by damage;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, reporting of a previous conviction before and after the previous conviction (attached to indictments, etc.);

1. Articles 329 and 30 of the Criminal Act concerning the facts constituting the crime;

1. Defendant A who has selected the punishment: Defendant B who has chosen the punishment by imprisonment; and

1. Article 35 of the Criminal Act for the aggravation of repeated crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Defendant B) (the scope of recommended punishment) [Article 334(1) of the Criminal Procedure Act] [Article 33 of the Criminal Procedure Act] [Article 334(2) of the aggravated area (Article 2 of the Act on thief (General thief) for general property] (Article 10-2 of the Act on thief) [Special Aggravation] of the same repeated crime not corresponding to the aggravation of specific crimes (Article 2 of the Criminal Procedure Act], as well as the defendant committed the

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