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(영문) 부산지방법원 2018.07.25 2018고단120
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 11:45 on December 17, 2017, the Defendant: (a) stolen a pair of hairs equivalent to KRW 4,900, the market price of the victim’s possession, which was located in the display stand by taking advantage of the gaps in which the victim’s surveillance was neglected; (b) around 11:45, the victim’s “E” operated in the Jung-gu Busan metropolitan commercial building.

2. The Defendant stolen a cell phone charging cable in the amount of KRW 10,000 at the market price owned by the victim, which was located in the display stand using the gaps in which the surveillance of the victim was neglected in the “G” store for the operation of the victim F in the same commercial building as the one mentioned in paragraph 1.

Accordingly, the Defendant stolen property equivalent to 14,900 won in total over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 3);

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The scope of the final sentence due to the aggravated punishment [the scope of the recommending punishment] of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, Article 1 of the Reasons for the Sentencing [the scope of the recommending punishment] of Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 50 [the scope of the crime] of Article 2 of the Act on the Aggravated Punishment of General Property (the scope of the recommended punishment from April to August] of the basic area (the scope of the recommended punishment] of Article 1 of the Act on the Aggravated Punishment of General Property (the neglected water, etc.) of Article 37 (4 to eight months) of the Act on the Aggravated Punishment of Concurrent Crimes (the special sentencing person] of Article 38 (1) 2 of the Act on the Aggravated Punishment of Specific Property: April to 1 of the Act on the Aggravated Punishment of Imprisonment with Labor; the act of the crime in this case during the suspension of execution of the sentence period of the punishment;

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