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(영문) 부산지방법원 2014.04.18 2014고단1574
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 12, 2014, the Defendant committed the crime, around 20:30 on January 12, 2014, carried 50,00 won in cash, which is owned by the victim E, from the walling on the walling in Busan East-gu, Busan-gu, dong-gu C.

Accordingly, the Defendant stolen the property owned by the victim.

2. On February 12, 2014, around 02:00 on February 12, 2014, the Defendant discovered that the Defendant was the victim H and the victim I, at the G set-up bank located in the Busan Suwon-gu, Busan, about 02:00, and subsequently, the Defendant continued to have one set of two mobile phones in Samsung Galtho-gu, Samsung Galtha, which is equivalent to KRW 800,000,000 in the market value of the victim H, and one set of two mobile phones in Samsung Galtho-gu, which is equivalent to KRW 1 million in the market value of the victim I.

Accordingly, the defendant stolen property owned by the victims.

3. On February 13, 2014, around 18:00 on February 13, 2014, the Defendant carried out one mobile phone of 50,000 won in cash owned by the victim, and 70,000 won in the market price, from the wall to the wall located in the Gamba located in the Gamba-gu, Busan, Singu, the Defendant left one cell phone of 70,000 won in cash owned by the victim.

Accordingly, the Defendant stolen the property owned by the victim.

4. On February 18, 2014, around 05:00 on February 18, 2014, the Defendant discovered that the victim O was found in the Nggala located in Busan Shipping Daegu M on the part of Busan on February 18, 2014, and subsequently, the Defendant owned one cellular phone with the victim’s market price of Samsung Ggala in an amount equivalent to KRW 700,000,00.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E,O, or L;

1. A written statement of I and H;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (a copy of passbook of a suspect);

1. Article 329 of the Criminal Act and the choice of applicable laws and sentences concerning facts constituting a crime, each of them shall be punished by imprisonment;

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

1. Article 62(1) of the Criminal Act provides that the Defendant has no record of punishment for a young person under 21 years of age, and most of the stolen cell phones are recovered from the victim.

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