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(영문) 부산지방법원 2017.09.13 2017고단2633
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

At around 12:00 on April 4, 2017, the Defendant: (a) caused shopping cart in Busan Jin-gu B; (b) took food; (c) took off the goods of the total amount of KRW 27,980,00, total price of KRW 19,980, in which the victim D, who is the father store, was in the part of the other part of the cart, had been in the part of the other part of the cart, and had been in the part of the other part of the cart in which the management of the victim D was neglected; and (d) took away the goods of the amount of KRW 8,00,000, in which the Plaintiff had been in the part of the other part of the cart.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes of D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is not less complicated than that of theft of goods in the marina managed by the injured party, even though the defendant had been tried for the same kind of crimes in several times.

However, in consideration of the fact that the defendant is against the defendant, the damaged goods are recovered, the victim is not punishable, and other circumstances, such as the defendant's age, health, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments of this case, the punishment like the disposition shall be imposed.

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