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(영문) 부산지방법원 2019.10.18 2019고단3876
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 19, 2018, the defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Busan District Court on September 19, 2018, and the judgment becomes final and conclusive on September 28, 201.

1. On July 18, 2019, at around 20:05, the Defendant: (a) placed the victim’s clothes store “D” in Busan Jung-gu, Busan, on the part of the victim C’s “D” in operation; (b) placed the victim’s crepit in front of the store in front of the other store and stolen the victim’s market price of KRW 5,00,000, which is one half of the market price of the victim’s possession.

2. On August 13, 2019, at around 21:30, the Defendant: (a) stolen a cell phone case in the amount of KRW 30,000, the market price of the victim’s possession, located in the store display stand where the victim’s supervision was neglected; (b) one cell phone case in the amount of KRW 30,000, the market price of the victim’s cell phone located in the store display stand, which is the victim’s location located in the Busanjin-gu, Busan.

3. At around 15:05 on August 15, 2019, the Defendant: (a) committed a theft with a string equivalent to KRW 50,000, the market price of the victim’s possession, which is the victim’s display stand in a store located in a different crepit; (b) one half of the market price of KRW 70,000, and a 80,000, market price of which is equivalent to KRW 80,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement G and C;

1. A photograph of each CCTV image to be cut;

1. Previous convictions indicated in judgment: Application of investigative records (Attachment of thieves by suspects)-related Acts and subordinate statutes;

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

1. The fact that the defendant committed each of the crimes of this case without being aware of the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes was in the period of suspension of execution due to the same kind of crime, the amount of damage is relatively small, and the mental disorder of the defendant seems to have caused each of the crimes of this case, and the defendant's age is other.

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