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Reasons
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(영문) 부산지방법원 2019.05.01 2019고단808
절도
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A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 808] On February 22, 2019, the Defendant cut off the amount of KRW 37,820,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00,00,00.

[2019 Highest 1227] Around 10:40 on January 19, 2019, the Defendant used a gap in the G store located in Busan Jung-gu, the injured party F, the Busan Jung-gu, in which the management of his employees was neglected, and used a gap in the amount of KRW 31,460 in the market value of KRW 31,460, and 4,500 in the market value of KRW 4,500, and 3 cases in which the market value is equivalent to KRW 4,500, and 4,500 in the market value of KRW 3,50,000, and 2,000 in the market value of KRW 51,460.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related H;

1. Written statements of D;

1. Receipts for damage;

1. Photographs and video CDs;

1. Application of Acts and subordinate statutes to investigation reports (unclaimed articles, seizure and photograph attachment);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc. [Scope of Recommendation] Crimes in the mitigated area (4 to 10 months) of category 2 (general larceny) (special mitigation) of general property. [Determination of sentence] Crimes in the livelihood [Special Mitigation] of the Defendant [Article 15] and the Defendant has a history of larceny more than 15 times, the Defendant shall be selected to be sentenced to imprisonment in light of the circumstances where the instant crime was committed again, and damage therefrom.

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