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(영문) 부산지방법원 동부지원 2020.07.22 2019고단2336
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 17, 2019, the Defendant stolen, on November 15, 2019, at the “D” point managed by the victim C in Busan Shipping Daegu, the Defendant: (a) taken a theft by inserting one face face equivalent to KRW 5,000 in the market price of the second floor store products display stand, using the gaps in which employees’ surveillance was neglected; and (b) putting the victim C in front of the second floor store products display stand.

2. On November 18, 2019, the Defendant: (a) committed theft by means of inserting a portable mactor equivalent to KRW 5,000 in the market price, which was located in the display stand for the second floor goods at a place prescribed in paragraph (1) at around 10:00 on November 18, 2019, into the right side of the right side.

3. On November 20, 2019, around 10:00 on November 20, 201, 201, the Defendant: (a) stolen 4 parts of a sound area equivalent to KRW 3,000 of the market price, which was placed in the display stand for the second floor goods, using a cresh in which employees’ surveillance was neglected; and (b) stolen 4 parts of a sound area equivalent to KRW 1,000 in the market price, using a cresh in a place prescribed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigative reports (such as photographs, etc. of damaged articles), investigation reports (in cases of theft of a suspect, duplicating photographs shall be attached);

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

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

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

1. As to the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as indicated in the Disposition, comprehensively taking into account all the circumstances indicated in the records and arguments of this case, including the following: (a) there is no history of larceny on several occasions; (b) there is no punishment of a fine or heavier punishment; (c) and (d) his mistake is recognized; (c) mental disorder appears to have caused the instant crime; (d) some of the damaged items were recovered; and (e) the total value of the damaged items was merely 14

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