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(영문) 부산지방법원 2016.11.17 2016고단717
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 18, 2015, at around 10:08, the Defendant started making soup “D” on the part of the victim E, located in the Busan Yadong-gu, Busan Yadong-gu, with one cellular phone in which the market price is equivalent to KRW 400,000,000, where the victim E was locked.

2. On December 19, 2015, at around 05:58, the Defendant started making soup a soup of “G” located in the Seo-gu Busan, Seo-gu, Busan, with one cellular phone in the amount of KRW 900,000,000 at the market price adjacent to the victim, between the victim H was locked.

3. On December 19, 2015, between 04:00 and 09:00, the Defendant got out one set of a gallon 2 mobile phone with the market price equivalent to KRW 400,000,000, when the victim I was locked from 5th floor of “G” located in Seo-gu, Busan to 09:00,000.

4. On December 20, 2015, from around 01:00 to 05:00, the Defendant got off one cell phone in the order of gallonian era in which the market price of the victim was 1,00,000 won when the victim L was placed adjacent to the victim at the 3rd male water surface room located in the Nam-gu Busan Metropolitan CityJ.

5. On December 20, 2015, at around 07:28, the Defendant started making soup a soup and making soup to “N” on the second underground floor of the Nam-gu Busan Metropolitan City M, Busan, the Defendant carried one cellphone 6,000,000 won in the market price on the side of the victim between the victim and the victim’s O being diving.

6. On December 21, 2015, at around 02:00, the Defendant got out of 5th floor of “G” located in Seo-gu Busan, Seo-gu, Busan, a gallon 3 mobile phones in the market value equivalent to KRW 600,000,000.

Accordingly, the defendant stolen the property equivalent to 4.1 million won in total, which is the market price owned by the victim six times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to Qua,O, I, and E;

1. Each statement of P, H and L;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The Criminal Act among concurrent crimes.

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