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(영문) 부산지방법원 2017.11.28 2017고단4841
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2017, the Defendant committed the crime, around 19:10 on August 19, 2017, at the “E” clothes store managed by the victim D, the victim D, located in Busan Jung-gu, Busan, on the 19:10 Busan, on the part of the Defendant: (a) destroyed the victim’s crepit in which the victim’s surveillance was neglected; (b) with a four-dimensional lux amounting to KRW 59,000 in the market price in which the victim was displayed on the display stand.

2. On August 26, 2017, the Defendant committed the crime, around 16:53, around August 26, 2017, at the above “E” store, the Defendant stolen the victim’s crebs in a display stand, with a coloring knife in an amount equivalent to KRW 69,000 at the market price in which the victim’s surveillance was neglected.

3. On August 26, 2017, the Defendant committed the crime: (a) around 17:50 on August 26, 2017, at the food copon managed by the victim H located in the first floor of G Mart located in Busan Jung-gu, Busan, the Defendant: (b) stolen the victim’s crepane at the display stand in an amount equivalent to KRW 7,980 in the market price of KRW 7,980 in the other display stand; (c) one jum jum juju in an amount equivalent to KRW 7,250 in the market price of KRW 7,250 in the market price; (d) one jum jum ju in an amount equivalent to KRW 2,400 in the market price of KRW 1,620 in the market price; and (e) one jum lue tyre in an amount equivalent to KRW 980 in the market price of KRW 20,230 in the aggregate.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and H;

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

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. In addition, even though there was a past record of four times of fines for the same kind of crime as the reasons for sentencing in Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and the four times of suspension of indictment, each of the crimes of this case is not less and less against the responsibility for each of the crimes of this case, but it is recognized of mistake and reflects it, the amount of damage is not much high, the damage is recovered or the damage is recovered, and there is mental illness such as a bipolartic disorder.

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