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(영문) 부산지방법원 동부지원 2017.06.07 2017고단541
절도
Text

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

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

around 14:15 on February 10, 2017, at the entrance of the market in Busan, the Defendant: (a) inducedd the victim C, who was on the YY Gun in Busan, to a different place from the starting line of the victim by demanding the victim to purchase the YY Y Y Y Y, as if the Defendant purchased the Y Y Y Y Y, etc.; (b) cut off the sum of KRW 2,103,000,000 (50,00 won, KRW 16,130,00 won, KRW 1,000, KRW 130,000, KRW 1,000, KRW 19 and KRW 5,000,00, KRW 200 ( KRW 19,000, KRW 5,000, KRW 2).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Reports on occurrence of a crime and reports on investigation;

1. Application of the Acts and subordinate statutes of subparagraph 1 of seized evidence;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, such as: (a) theft of money and valuables from the shop shop merchants in the market; (b) the nature of the crime is not good; and (c) the defendant can have a criminal record of the same kind of the crime similar to

However, it is favorable for the Defendant to recognize the facts charged, and the crime of this case was committed at a public place, and thus the risk of infringing other legal interests was not significant, and the fact that the Defendant agreed with the victim is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Types 2 (General thief) for thief crimes, theft against general property, etc.

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