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(영문) 부산지방법원 2018.12.20 2018고단5053
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 17, 2018, the Defendant: (a) at the written subway station located in 730 as at the center of Busan, Busan, on October 17, 2018, the Defendant stolen the gap between the victim C’s cell phone in a mobile phone charging unit with LGX4 flus in an amount equivalent to KRW 500,000, the victim’s market price. (b) On November 8, 2018, the Defendant: (c) around 08:06, at the written underground shopping mall event located in 696 as at the center of Busan, the Defendant: (d) at the Busan, a driver’s license owned by another victim; (d) one resident registration certificate; and (e) one credit card, etc., at the local level of damages on the part of the local government, whose market price is equivalent to KRW 900,000,000, 00.

L. A. L. theft was committed.

3. The Defendant, from around 06:00 on November 12, 2018 to around 07:00 on the same day, within 7:00 on the electric subway stations located in 181 as in Busan-gu, Busan-gu, from around 06:0 to around 07:00 on November 12, 2018, within 7 mobile phones in J-gu, in gallon-gu, in which the market price of the victim, who was the victim’s own money in which the victim E was under the influence of alcohol, was 10,000 won.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes of D;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting 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. The crime of Articles 62(1) and 62(2) of the Act on the Suspension of Execution for the reason of sentencing [the scope of recommending punishment] 1 and 2 of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment / [the scope of offenses] 3 of the basic area of types 3 of the thth (one to two years) of the thth (one month) of the th (one month to eight months) of the thir basic area of the th (one side of April) of the th (one year to eight months): The victim E who was sentenced to the decision of the sentence was returned, there was no history of criminal punishment other than the defendant was sentenced to a fine of KRW 300,000 due to larceny in 202, and the defendant was mentally disabled and detained for a considerable period of time.

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