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(영문) 부산지방법원 2020.07.22 2020고단2237
절도
Text

A defendant shall be punished by imprisonment for four months.

However, 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

On May 25, 2020, at around 11:45, the Defendant removed the part of packing code in the sum of 26,960 won, such as the 1st, 4,980 won in the market price of the victim C, which was displayed in the store located in the Busan B, Busan, and then put it into the Defendant’s bank. The Defendant removed the part of packing code, and then put it into the Defendant’s bank, the sum of which is equivalent to KRW 15,90 won in the market price of the victim C, which is equivalent to KRW 15,90 won in the market price of KRW 2,790 in the market price.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to damaged articles, photographs, CCTV images, photographs and damaged articles;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief for general property] and there is no general larceny [type 2] (the scope of recommending area and recommending punishment] (the scope of recommending punishment]; 6 months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for four months and two years of suspended sentence (the sentence shall be determined as ordered, taking into account the following various circumstances: the fact that the defendant suffers from depression, etc., resulting in the crime of this case; the fact that the defendant was under mental and medical treatment while reflecting the crime of this case; the fact that the defendant was purchasing all damaged goods, etc. after the theft is discovered; the defendant's age, character and behavior, family environment; the motive and means of the crime; and the circumstances of sentencing specified in the records of this case, including the circumstances after the crime;

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