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(영문) 부산지방법원 서부지원 2019.05.15 2019고단383
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 21, 2018, the Defendant was sentenced to imprisonment of one year and four months and a fine of one million won in the Busan District Court for larceny, etc. and completed the execution of the sentence on December 15, 2018.

On February 22, 2019, the Defendant: (a) around 15:38, 2019, at the 1st underground store located in Busan Northern-gu B, the Defendant: (b) laid down an object equivalent to KRW 19,200, in total, of KRW 19,200, 200, 2,40, 6,90, 6,900, 2,400, 2,400, 2,400, 2,000, 2,000, 2,000, 2,000, 2,000, on the Defendant’s home.

On February 13, 2019, the Defendant, at the 13th G convenience store located in Busan, Jin-gu, Busan, on February 13, 2019, 2019, the Defendant, at the 13th G convenience store located in Busan, Jin-gu, and the victim H, who managed the 20th G convenience store, stolen one of the 1,150s of the market price and one of the 4,200s of the market price for the removal of codes in a size of 1,150 won.

Summary of Evidence

1. For previous records of judgment: Investigation report (the identity of a suspect, confirmation of his/her previous judgment and repeated crime), the current status of confinement by individuals, and the results of inquiry "2019 order3";

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographss and receipts, "2019 Highest 769";

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of Acts and subordinate statutes on report of occurrence;

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

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

1. Considering the fact that the Defendant again commits the instant crime during the period of repeated crime even though he/she had several criminal records of the same kind in sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, it is necessary to severely punish the Defendant.

However, all of the crimes of this case are recognized by the defendant, and the circumstances of the crime of this case are considered, and the age, character, character and environment of the defendant are as well.

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