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(영문) 부산지방법원 2019.08.28 2019고단2673
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 7, 2019, around 14:10 on March 7, 2019, the Defendant: (a) stolen the victim B; (b) executed the E store operated by the victim B located at the first floor of the D department store located in Busan Jin-gu, Busan; and (c) took off one night night at a market price equivalent to KRW 36,00,000.

2. At around 14:30 on the same day, the Defendant stolen the victim F, within food pipes managed by the Victim F, located on the second basements below the above D department stores, with a large amount of 5,100 won in the market value, and with a large amount of 10,50 won in the market value, one chrode coloring product equivalent to 10,50 won in the market value, one frode product equivalent to 10,500 won in the market value, and one frode in the paper bank.

3. At around 14:30 on the same day, the Defendant: (a) committed theft against the victim G, up to H operated by the victim G located in the second underground floor of the said D department store; (b) taken away goods; and (c) taken a siren of the market value of KRW 15,500 in advance; and (c) taken them down in the paper room between the victim and the victim G, thereby thefting them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, F, and G;

1. Application of Acts and subordinate statutes to photographs of damaged goods;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act stated that the Defendant had reached each of the instant offenses due to depression and mental disorder that occurred in the year 2012. However, in light of the fact that the Defendant’s larceny crime began around 2001 and was punished for committing the crime that stolen clothes, etc. in collaboration with his/her birth in 2014, it is difficult to see that the Defendant’s wall of larceny was merely an error in the cause of mental illness and even if it had an influence on mental disorder.

Even if a fine is imposed six times from 201, and one suspended sentence is punished, it can be exempted from responsibility that it has not been actively treated and prevented crime.

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