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(영문) 부산지방법원 2017.05.31 2017고단1000
절도
Text

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

Reasons

Punishment of the crime

[criminal record] On April 27, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on August 25, 2015, and completed the execution of the sentence. On November 23, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an attempted larceny at the Busan District Court, and the said judgment became final and conclusive on December 1, 2016.

[2] On November 20, 2016, the Defendant: (a) opened a door of a vehicle that was parked in the Jabya in front of 142, a 480-ro dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong; and (b) went into the vehicle and stolen three copies of the KRW 1 million check owned by the victim K at the seat of his hand on the front line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. The K's statement;

1. Previous convictions indicated in the judgment: A written inquiry about criminal history, a criminal investigation report (the same previous convictions) and an inquiry about personal accommodation information, and the application of statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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