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(영문) 부산지방법원 서부지원 2017.08.08 2017고단736
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 10, 2017, the Defendant: (a) opened a string door that the victim E was parked in front of the seat of D main office located in Busan, Busan, the victim E, and takes up one set of KRW 60,000 and one set of KRW 50,000 at the market price where there is a head of Tong, cosmetics, and a seal imprint, etc., which is the cash owned by the victim, and one set of KRW 60,000 in the market price where the victim E was parked.

L. A. L. theft was committed.

2. On June 26, 2017, around 09:38, the Defendant: (a) opened an unclaimed steering door on the street in front of “G” in the Busan Northern-gu Seoul Northern-gu, which was parked by the victim H; and (b) taken up one bank that contains a cell phone of the cash amounting to KRW 4,000,000 and a mobile phone of the market value of KRW 100,000,000, which is the victim’s possession.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and H;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. The sentence shall be imposed in consideration of the following: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes; (c) the reasons for sentencing [the scope of recommendations in the sentencing guidelines] - Type 2 (general larceny) of the Act on the Larceny of General Property; (d) six months to two years [the scope of final sentence due to the aggravated punishment] / [the final sentence due to the aggravated aggravation of multiple crimes] the defendant has a lot of criminal records from the same crime; and (d) the damage has not been recovered; and (e) the sentence shall be determined in consideration of various sentencing conditions set forth in the pleadings of the instant case, such as the defendant’s age, sexual conduct, environment, motive and means of the crime,

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