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(영문) 부산지방법원 2016.12.29 2016고단3633
절도등
Text

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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. At around 02:30 on May 29, 2016, the Defendant: (a) cut off one roex, the market value of the victim D at a singing room located in Guro-si B, which is equivalent to KRW 5.4 million.

B. At around 18:30 on the same day, the Defendant stolen a physical card (credit number: F) of a national bank owned by the said victim at the home of the said victim, located in Busan, Seo-gu, 204 704 dong 704.

C. At around 18:51 on the same day, the Defendant: (a) stored the above physical card in the cash withdrawal machine in the management of the victim Busan Bank located in the city of Busan, Busan, and withdrawn and stolen KRW 2 million in cash.

At around 19:01 on the same day, the defendant collected the above physical card from the cash withdrawal point in the management of the National Bank of the victim's national bank, and then withdrawn and stolen 700,000 won in cash.

2. The Defendant causing property damage, at around 03:10 on the same day, was arguing with the said victim as a theft of the visibility of the said victim D at the above singing room, and was at the floor of the gallonos5 cellular phone owned by the said victim, thereby damaging the said victim’s repair cost of KRW 126,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 329 of the Criminal Act, Articles 329 of the Criminal Act, Article 366 of the Criminal Act and the choice of imprisonment for a crime;

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 on the suspension of execution, Article 62(1) of the Act on the Punishment of Crimes No. 1 (Scope of Punishment) [Scope of Punishment] and Article 62(1) of the Act on the Suspension of Execution of Punishment and the Punishment of Crimes No. 2 (Destruction and Damage, etc.) for the mitigated area (6 to 1 year), the mitigated area (1 to 6 months), the mitigated area (1 to 1 year), the mitigated area (1 to 6 months), the final sentencing scope due to the aggravation of punishment: June to 3 (decision of Punishment] Each of the instant crimes are likely to be committed by the defendant who had been urged to urge bonds.

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