logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.16 2015고단4345
특수절도
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 became final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2015, at around 15:00, the Defendant: (a) stolen cosmetics and oral equipment in the F shop managed by the victim E in Busan, Jin-gu, Busan, with the victim E of the first floor level; and (b) did not put them in the market price of KRW 17,500,000, and instead discharged them from the future.

2. On June 11, 2015, at around 15:00, the Defendant, along with B, stolen any surplus amounting to KRW 8,600,00 in the domestic processed food sales display stand managed by the victim H of the first underground floor C as indicated in paragraph (1) by using them as a boon and without calculating it.

3. On June 11, 2015, at around 15:00, the Defendant, along with B, stolen the fruit, beverage water, etc. at a size of 38,600 won in total, from the display stand in charge of food processing managed by the victim I in C underground level G, as stated in paragraph (1), without calculating the market price, by putting them in a c8,600 won in a bane.

Accordingly, the defendant stolen the property managed by the victims on more than three occasions together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and B;

1. Each police statement made to E, H and I;

1. Application of the Acts and subordinate statutes to take photographs of goods receipt and damaged articles;

1. Article 331 (2) and (1) of the Criminal Act applicable to the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed as follows)

1. Sentencing (Determination of a type of punishment) for general property: thief, Type 2 (General thief), mitigated area (special stief), living-type crimes [the scope of sentencing recommended] from April to October;

2. Comparison of applicable sentences and handling of multiple offenses: From June to June 10;

3. The crime of this case, which stolen property on three occasions together with the birth together, is not good, but all on the same day.

arrow