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(영문) 부산지방법원 2018.07.18 2018고단1510
절도
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant, at the D convenience store operated by the victim C, located in Geumcheon-gu Busan, Busan, by making use of the gaps where employees’ surveillance is neglected, stolen the victim’s property by the same method four times in total, from around that time to March 3, 2018, as shown in the list of crimes in the attached Table, by placing the victim’s property in the list of 3,300 won of the market price owned by the victim in the display room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the observation, etc. of Protection and Observation [the scope of recommending punishment] [the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Elimination, etc. of Protection and Protection] [the ground for sentencing] the mitigated area (4 to 10 months) for general property] [the special mitigated person] living-type crime [the decision of sentencing] committed by a defendant [the decision of sentencing] by a three-time fine for larceny in 2017, while he/she again committed the crime in this case, he/she shall be selected to be sentenced to imprisonment in the light of the circumstances that he/she committed the crime in this case, but he/she does not have

The execution of imprisonment shall be suspended on condition of protection observation, taking full account of various circumstances, such as the age, sex, environment, etc. of the defendant, including the circumstances requiring the sentencing of this case, and the sentence shall be determined as ordered.

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