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(영문) 부산지방법원 2015.09.16 2014고단5637
절도등
Text

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

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

Reasons

Punishment of the crime

around 18:00 on July 6, 2013, the Defendant: (a) placed “E” 301 residing together with the victim D, interested parties in Daegu Suwon-gu, Daegu-gu, as the victim D; (b) took one clock of the victim’s market price of at least 4.8 million won, the market price of which is at least 3.2 million won, one clock of the victim, one clock of an amount equivalent to the market price of at least 3.2 million won; (c) four 1.2 million won in total of the market price of 3.2 million won in total; and (d) 18 K gold Bags of at least five 5; and (d) 18.9 million won in total of the market price of 6 million won in precious metals; and (d) cut off with the said precious metal around 18:80 on the day after the day.

On January 21, 2014, at around 23:30 on January 21, 2014, the Defendant: (a) used the key in the victim D located in Daegu-gu, Daegu-gu, to use the key in which the victim did not have the victim; and (b) taken 653,500 won in cash, which was the victim’s possession; and (c) took 933,500 won in cash, which was the victim’s ownership; and (d) took 933,500 won in gift certificates.

Summary of Evidence

[2014 Highest 5637]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Each investigation report (No. 10 No. 10 of the evidence list) (2014 order631);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 6);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 329 and 330 of the Criminal Act which choose punishment (a point of larceny and imprisonment with prison labor);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing criteria;

(a) Night time theft (decision of type), theft for general property, theft for Type 4 (Offense Larceny), mitigation area (Special Convicted Persons) and not to punish [the scope of punishment and sentence] [the scope of punishment and sentence] from August to June;

(b)thief;

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