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(영문) 부산지방법원 2020.08.10 2020고단869
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On November 29, 2018, the Defendant was sentenced to imprisonment for two months with prison labor for the crime of bodily injury, larceny, etc. at the Changwon District Court Branch on March 29, 2018, and the Defendant completed the execution of each of the above punishment at the Jinju Prison on September 17, 2019.

【Criminal Facts】

1. At around 03:09 on February 13, 2020, the Defendant: (a) committed theft against the victim B, in the Busan metropolitan area located in 206 as the center of Busan Dong-gu, Busan, one mobile phone (LG G7TH Q) equivalent to KRW 898,700 in the market price of the victim’s possession, which was left above the victim’s own will and left the victim’s seat.

2. At around 01:56, Feb. 14, 2020, the Defendant: (a) stolen the victim C, at the Busan 2nd floor located in Busan dong-gu, Busan 206, the center of Busan dong-gu, one cell phone (LG Lone Star2) in an amount equivalent to 396,000 won in the market price owned by the victim, which was left above the victim’s own will and left on his own will; (b) one lot of cell phone (LGone Star2); and (c) one lot of telephone card; and (d) one cellular phone case containing the said card and cellular phone.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of each police suspect examination protocol against the accused;

1. Statement in each police statement concerning B and C;

1. Statement of investigation report (suspects' crimes and collection cases);

1. Statement of the investigation report;

1. Statement of investigation report (case concerning recovery of damaged articles);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes described in criminal records and investigation reports (report on confirmation of criminal records);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One month to eighteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 thief (decision on a thief) (decision on a thief). The thief for general property.

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