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(영문) 부산지방법원 2017.05.10 2017고단497
절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 21, 2016, at around 07:30, the Defendant: (a) took advantage of the gaps in the “C” located in Seo-gu Busan, Seo-gu, Busan; (b) opened a portable shopping camera that is owned by the victim; and (c) cut off one hand, where the market price of which includes 64,480 won in cash is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports (damage photographs, etc.);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of the protection and observation and the punishment of Article 62-2 of the Criminal Code of the community service order is a serious crime that steals one of the victim's fingers by the method of retail storage, even though the defendant had committed several criminal records of the same kind in several times.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime, are considered to be reflected in the fact that the defendant is against the defendant, the damaged goods have been recovered at the scene of the crime and returned to the victim, and the punishment like the order shall be determined.

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