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(영문) 부산지방법원 2014.11.20 2014고단7763
절도
Text

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

Reasons

Punishment of the crime

On October 18, 2011, the Defendant was sentenced to six months of imprisonment for larceny at the Busan District Court on February 23, 201 and completed the execution of the sentence at the Busan Detention House on February 23, 2012.

1. At around 17:00 on July 12, 2014, the Defendant: (a) stolen the display goods in the aggregate amounting to KRW 129,720,00 in the market price from Jun. 2, 2014 to Apr. 129, 200 by means of the same four times in total, including the following: (b) at the Embretic 17 square-ro, Busan; (c) at the Embretic mar’s crepan where the surveillance of employees, such as the victim B, etc., the manager of the Embart, was neglected; and (d) removed the bar code attached to the drinking water, etc. at the market price of other displayed goods, such as the victim B, etc., in advance,

2. At around 17:00 on July 12, 2014, the Defendant: (a) stolen the display products in the aggregate of KRW 432,450,00 of the market price by the same method four times from June 2014 to April 2, 2014, at the home clurology store located in the plaza 7, the Busan Slurgian Slurg, where employees, such as the victim C, who is the manager of the said home clurg, have neglected surveillance by its employees; and (b) has removed the bar codes attached to other display products, such as “natural cirls” in an amount of KRW 1,430,00, the market price of which is the display products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to B;

1. A written statement of C;

1. Investigation report (No. 3, 16) (No. 3, 16), marina receipts, and home fluor receipts;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (to be comprehensively punished by victim, and to be punished by imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the punishment as ordered by the Defendant, who has four times the criminal history of larceny for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, repeats the same crime during the period of repeated crimes, the motive for and amount of damage to the principal offense, and other conditions of sentencing under Article 51 of the Criminal Act shall be determined in consideration of the motive for the principal offense,

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