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(영문) 부산지방법원 2013.04.18 2012고단10693
절도
Text

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

From Sep. 11, 2012 to Nov. 2, 2012, the Defendant: (a) performed work at the (State) D mobile phone store managed by the victim C in Busan Young-gu, Busan, as an employee; (b) stolen a mobile phone stored in the above store in order to prepare personal debts and school expenses; and (c) committed a theft of the mobile phone stored in the above store, and had the mobile phone manager known of it through the Internet website sold it to the mobile phone manager.

On September 28, 2012, the Defendant: (a) used the crepans in which there is no victim to take advantage of the crepans under the display stand, thereby galloning 32 LTE 32 galth of S3 mobile phones, which is equivalent to the market price of 99,400 won; and (b) taken off the gallon galth of a mobile phone, which is equivalent to the market price of 99,400 won; (c) from that time until October 30, 2012, the Defendant used the crepans without the victim to take off the gallon galth of a mobile phone with the total of 15 mobile phones total of 14,560,200 won, from that time, from that time to October 30, 2012.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (record cases of victims of damaged articles);

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1)

1. Social service order under Article 62-2 of the Criminal Act;

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