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(영문) 부산지방법원 2018.03.28 2018고단479
절도
Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2017, at around 04:00, the Defendant stolen one unit of the mobile phone (700,000 won) with the victim F's head in the "gallon L" room located in Busan Shipping Daegu K, using a crepan or crepan.

In addition, the Defendant stolen the property from that time until January 24, 2018, as shown in the separate sheet.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement with respect to M and N;

3. A written statement ofO, P, Q, D, R, S, T, U,V, W, X, Q and Y;

4. Police seizure records;

5. Closed circuit television (CCTV) image;

6. Application of the police investigation reporting Acts and subordinate statutes;

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

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in paragraph (5) of the attached Table with the largest penalty);

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

4. Protection observation order under Article 62-2 of the Criminal Act.

5. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims.

1. The scope of applicable sentences by law: Imprisonment for one month to nine years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crimes, first concurrent crimes and second concurrent crimes: Determination of types of larceny (1) in attached Table 5, 1, and 3: thief crimes - thief for general property - Three types of larceny (2) for general property - Special sentencing factors: The scope of imprisonment for a life-oriented crime, self-denunciation (3) for a period of three months to one year (the lowest limit of the scope of punishment (6 months) for a case where there are two or more special mitigation factors):

B. Scope of recommended punishment according to the standards for handling multiple crimes: three months to ten years [the lowest limit shall be set at the lowest limit of the scope of punishment for the basic crime, and the upper limit shall be one year, which shall be the maximum limit of the scope of punishment for the basic crime, six months to six months and the maximum limit of the range of punishment for the two concurrent crimes (1 year) and four months to 1/3 of the maximum of the range of punishment for the two concurrent crimes (1 year).

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