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(영문) 부산지방법원 서부지원 2017.11.23 2017고단1221
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant from June 2017 to the same year.

7. The same year from the point of time, including theft by holding a clothes 20,000 won in cash owned by the victim F, driving license, credit card, etc. in the E factory assembly team located in Gangseo-gu Busan Metropolitan City, and 50,000 won in cash owned by the victim's name, 50,000 won in cash owned by the victim, 30,000 won in cash owned by the victim, 40,000 won in cash, 50,0000 won in cash owned by the victim's name.

7. By the time of 27.2, the victims were stolen or did not commit an attempted crime more than ten times in total, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of victims;

1. Application of Acts and subordinate statutes, such as a report on investigation (explosion of the damaged site – G, victim verification), on-site inspection photographs of the suspect;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 331(1) of the Criminal Act (the point of special larceny), Article 330 of the Criminal Act (the point of larceny by intrusion on night buildings), Articles 342 and 330 of the Criminal Act (the point of attempted larceny by intrusion on night buildings), Article 329 of the Criminal Act (the point of attempted punishment, the choice of imprisonment), Article 319(1) of the Criminal Act (the point of intrusion on buildings and the choice of punishment) of the Criminal Act;

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. The community service order under Article 62-2 of the Criminal Act;

1. Sentencing sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) under the circumstances unfavorable to the defendant, the defendant has a criminal record of a same kind of fine for the reason of sentencing; (b) the frequency of the crime is high and the special larceny is included; (c) the defendant appears to reflect his attitude; (d) the amount of damage is not large; and (e) the defendant appears to have agreed with the victims taking into account the favorable circumstances; and (e) other factors, such as the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the execution of the sentence shall be suspended only once.

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