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(영문) 부산지방법원서부지원 2020.12.22 2020고정356
절도
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On September 19, 2019, the defendant was sentenced to 6 months of imprisonment with prison labor for special larceny, 1 year of suspended execution, and 2 years of imprisonment with prison labor at the Busan District Court's Busan District Court's Busan District Court's Busan District Court's junior decision on September 27, 2019. On June 15, 2020, the judgment became final and conclusive on September 29, 2020.

【Criminal Facts】

At around 22:00 on July 9, 2019 to around 20:20 on July 11, 2019, the Defendant opened a door that the victim C was parked in the alleyway in Busan SM7 car volume, and stolen the Defendant’s property worth KRW 19,000, 19,000, e.g., tobacco equivalent to KRW 10,000, e., e., KRW 10,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions in judgment: Investigation report (verification of a judgment of a suspect), summary agreement of a case, assistance to a judgment, and application of statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Exempted Criminal Act (the defendant recognizes his/her crime and reflects it, the amount of damage is minor, and the judgment is rendered simultaneously with special larceny for which the judgment becomes final and conclusive, taking into account equity in the case of being sentenced);

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