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(영문) 부산지방법원 2015.11.11 2015고정2568
절도
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On March 22, 2012, the Defendant was sentenced to imprisonment of 8 months with prison labor for larceny, etc. at the Incheon District Court on March 22, 2012; imprisonment with prison labor for 6 months at the Seoul Central District Court on June 26, 2012; and imprisonment with prison labor for 1 year and 6 months at the Seoul Central District Court on August 7, 2014; and one year and 6 months on March 30, 2012; and each of the above rulings became final and conclusive on January 15, 2015.

On February 6, 2011, from around 12:00 to February 13, 2011, the Defendant opened the entrance of the victim Do SM5 vehicle located in the port-dong “port-dong,” in a “port-dong,” which was set up by the victim C in a public parking lot located in a wooden-si, in a manner that it is impossible to identify the entrance of the victim Dom5 vehicle installed by the victim C, and cut off one set (1.50,00 won at the market) by removing the entrance.

Summary of Evidence

1. C’s statement;

1. On-site identification reports, reports on results of DNA comparisons, and current status of persons who coincide with the results of DNA comparison;

1. A photograph of the damaged site;

1. Previous convictions in judgment: Investigation report (Attachment of a written judgment) and application of Acts and subordinate statutes of six copies of the judgment;

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

2. It is so decided as per Disposition on the grounds of the latter part of Article 37 and Article 39(1) of the Criminal Act (the defendant's crime of this case and the crime of previous conviction in concurrent judgment) or more of the Criminal Act (the defendant shall be exempted from punishment for this case in consideration of equity in the case of concurrent judgment).

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