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(영문) 부산지방법원 동부지원 2017.05.18 2017고단409
절도
Text

A defendant shall be punished by imprisonment for six 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

On February 18, 2017, the Defendant: (a) around 14:00, the Defendant: (b) laid down a stable bag containing KRW 200,000,000 above the gold collection unit of this axis; and (c) cut off the stable bag owned by the said victim by using a cresh in which surveillance was neglected; and (d) cut down the stable bag owned by the said victim in order to steals the stable in the first floor of the building B in Busan-gu, Busan in order to steal the relevant objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a investigative report (to attach photographs toCCTV images by capturing them);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, the choice of imprisonment, and the choice of punishment;

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

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 grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, such as: (a) theft of an envelope from a wedding hall; (b) the nature of the crime is not good; (c) the Defendant has served three times or more as a fraudulent act committed by making an answer from a wedding hall; and (d) the Defendant has paid damages or did not agree with the victim.

However, it is favorable for the Defendant to recognize the facts charged, the amount of damage is not so significant, and the crime of this case was committed at an open place, and the risk of infringing other legal interests is not so significant.

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] - Theft: thief group, theft against general property, theft against general property (general larceny), etc.

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