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(영문) 부산지방법원 2014.02.19 2013고정5780
절도등
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The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

Defendant

A 22 years of age is in the first year of study of photographic and visual department, and is in the second grade of intellectual disability. A.

On July 15, 2013, at around 16:00 on the 16:0 on the 15th of July, 2013, in the “Ecafeteria” operated by the victim D (n, 40 years of age), the victim stolen one modern card (F) posted inside the cell phone store that the victim opened to charge on the will side of the table.

B. At around 17:31 on the same day, the victim’s modern card that was stolen in paragraph (a) of the preceding “A” acquired from H in Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si and 290,000 won and 20,000 won in the market price, and acquired the amount equivalent to the same by means of false signing on the sales slip by presenting it to the said business owner.

C. At around 18:04 on the same day, at the J convenience store located I of the Gyeongbuk-si, purchase and settlement of KRW 2,500 and KRW 400,00 of the tobacco market price and KRW 400,00 in the Rater market, the amount equivalent to that in the same manner as the former B was obtained.

Using the modern card of the victim who stolen, such as the former “A”, was used unlawfully in the same manner as the former “B-C”.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on wrongful use;

1. Relevant legal provisions concerning facts constituting an offense, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of a credit card illegally), Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the selection of fines, respectively;

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

1. A fine of 1.5 million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the Detention in Labor House;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., that the defendant is the primary offender; the degree of intellectual disorder of the defendant; and the assistant is planning to hospitalize

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