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(영문) 부산지방법원 2018.07.04 2018고단2201
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 8, 2018, at around 16:10, the Defendant: (a) placed on the first floor of “The Home Plus D” underground located in the Busan East-gu, Busan-gu, by means of a gap in the management negligence of E, an employee; (b) placed in the display stand in the display stand; (c) placed the victim’s Home Plus Co., Ltd. in the sum of KRW 3,780 of the 3,780 of the flus as “Scar cans” 1 sealings, etc., which were owned by the victim’s Home Plus Co., Ltd., and cut off.

2. On May 9, 2018, around 17:00, the Defendant, on the first floor of the above “Mussuss D”, used a gap in the management neglected by F, an employee, on the first floor of the underground floor of “Mussussus D,” thereby putting the Defendant’s 5,960 KRW 5,00,000 in the sum of the 1 salary paper, which was owned by the Victim Home Puss Co., Ltd. (hereinafter “Mussus Citus Citus Citus”) and stolen the Defendant’s 5 salary paper, which was located in the display stand.

3. On May 14, 2018, at around 10:40, the Defendant: (a) placed in the display stand of the Victim Home Stacker Co., Ltd., the sum of 6,220 won, 4 wings and beer 1 cans, as well as 4 wings and beer 1 cans, which are the sum of 6,220 won, of the Victim Home Stacker Co., Ltd., owned by the Defendant Home Stacker Co., Ltd.

4. On May 15, 2018, at around 16:16, the Defendant: (a) placed in the display stand of the Victim Home Stacker Co., Ltd., the sum of KRW 6,950 (6,950) 1 sealing paper, which is the victim Home Stacker Co., Ltd., owned by the Defendant’s Home Stacker Co., Ltd., was cut off by putting the 4 wing paper and 1 cans of beverages into the main machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 3, 7, 10, 13 of the evidence list);

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 suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommended punishment] theft against general property.

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