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(영문) 부산지방법원 2017.11.17 2016고단8548
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Although the Defendant’s indictment on October 17, 2014 is “16” in the indictment, it does not seem to hinder the Defendant’s exercise of right to defense by recognizing it as a clerical error in the foregoing indictment, and without any amendment to indictment.

The Seoul Eastern District Court sentenced 10 months of imprisonment for a violation of the law of larceny, fraud, and credit-specialized financial business, and completed the execution of the sentence on February 6, 2015.

On May 1, 2016, at around 07:07, the Defendant, along with the victim E (hereinafter “E”) in the restaurant “D” located in Busan So-gu, Busan (hereinafter “D”), stolen a gas bag (Luis Vuiton) with KRW 400,000,000 in cash, which was in the victim’s bank between the Defendant and the Defendant, used to drink food and drink and drink, and the victim calculated, and the toilet was temporarily stolen with the victim’s bank (hereinafter “E”).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E, and written statements of E;

1. A internal investigation report (1) and each photograph/cinematographic output (including closed circuit television images);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (11) and application of Acts and subordinate statutes concerning the status of personal confinement;

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

1. Article 35 of the Criminal Act of aggravated repeated crimes is a repeated crime of the same kind for the reason of sentencing, and Article 51 of the Criminal Act, such as fraud, theft, invalidation of public documents, destruction of property, obstruction of business, insult, insult, etc., continues to be committed for a short time immediately after the release of the instant crime, and thus, it is necessary to isolate from society for a certain period of time, and any serious effort for compensating for damage does not peep, on the other hand, it is simple larceny and the amount of damage is not much high.

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