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(영문) 부산지방법원 2014.10.31 2014고단7028
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

"2014 Highest 7028"

1. At around 18:00 on July 11, 2014, the Defendant: (a) placed in the Victim R management store located in the Busan East-gu Q, Busan-dong Q, with the difference in the victim’s management, put the victim’s management into a bank and stolen things equivalent to the sum of KRW 76,880,000, total of the 3,000,000 won of the market price displayed at that place, 1 factoring in the earth corresponding to the market price of KRW 1,880, the market price of which is equivalent to KRW 1,880, and 3,000,000 of the market price of KRW 69,00,000.

2. On July 11, 2014, around 18:30 on July 11, 2014, the Defendant: (a) placed a female-use lux book equivalent to 15,000 won at the market price displayed there was a gap in the victim’s management negligence in the Busan East-gu Charter; and (b) stolen it.

"2014 Highest 7311"

3. On June 7, 2014, at around 10:18, the Defendant, a store located in the Busan Eastdong-gu T, Busan, put one of the interest melting x2D2ing C cream equivalent to 85,000 won at the market price where the victim’s management was neglected, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the statement by the police of U, R and W;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes (with respect to larceny of victims in marketing)

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, among the concurrent crimes, the defendant has been under the power of having been sentenced to eight punishments, etc. for the same crime. On August 13, 2014, the defendant was sentenced to imprisonment with prison labor for larceny and six months and four months in the present appeal on August 13, 2014. The defendant committed each of the crimes of this case while being tried at the first instance court of this case. In particular, the crime of Article 3 of the ruling is a crime committed during the period of repeated crime due to the same crime, it is inevitable to sentence the

However, it is against the defendant's confession.

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