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Reasons
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(영문) 부산지방법원 2015.11.04 2015고단50
경범죄처벌법위반등
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A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[2015 Highest 50] On September 29, 2014, the Defendant intentionally gave other people a sense of aversion at the Busan Highest Dok-ro 30, Busan Highest Dok-ro, Busan Highest Dok-ro, Busan Highest Dok-ro, with only inner clothes, smoking tobacco, kn's hand, kn't panty, and kn't kn't kn't kn't kn's kn't

[2015 Highest 2099] On March 22, 2015, the Defendant: (a) followed the victim C’s satis under the influence of alcohol on the street near the bus stops in front of the department store; and (b) stolen the Defendant’s satisfing one, cash, one copy of the resident registration certificate, one copy of the No. 30,000 won, one of the No. 30,000 won, and one of the No. 50,000 smartphones equivalent to the market value of 80,000 won.

Summary of Evidence

[2015 Highest 50]

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A criminal investigation report (2015 Highest 2099);

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 19 (a) of the Punishment of Minor Offenses Act (a point of creating a hate, selecting a fine), and Article 329 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (8 to 2 years) of types 3 of general property (a person with a special penal character] [decision of sentence] The defendant seems to have committed a crime; damage was recovered; a large number of criminal records exist but the criminal records related to the larceny are one time (a person with multiple criminal records) and other various factors of sentencing, such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, etc.

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