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(영문) 부산지방법원 2018.12.19 2018고단4885
절도등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight 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 October 11, 2018, at around 17:30, the Defendant: (a) stolen 4 boxes (a total of KRW 20,000) holding four boxes (a total of KRW 20,000), which were co-owned by the victim C, in front of the cafeteria operated by the victim C, located in the Busan Jin-gu, Busan.

In addition, during the period from October 30, 2018 to October 30, 2018, the Defendant committed an attempted theft or theft of another’s property at least six times, as shown in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made to D, E, or C;

3. Written statements of F, D and G;

4. Closed circuit television (CCTV) image stored in a CD;

5. Application of each statute of photograph;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) A thief: Article 329 of the Criminal Act;

(b) Attempted charge of larceny: Articles 342 and 329 of the Criminal Act;

2. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in paragraph (4) of the attached Table, the nature of the crime and the circumstances of the crime are the most severe);

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

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 No. 4, 3, and 5: thief crime group - thief crime - Special sentencing factors (2) : No. 4 months to 8 months (basic area)

(b) Scope of recommended punishment according to the standards for handling multiple crimes: four months to one year and two months (the lowest shall be set at the lowest limit of the scope of punishment for the basic crime, and the upper limit shall be set at eight months, which is the maximum of the scope of punishment for the basic crime, plus four months, 1/2, 4 months, and 2 months, 1/3 of the maximum of the scope of punishment for the concurrent crime (8 months) (the minimum limit shall be set at the minimum of the scope of punishment for the basic crime, and the upper limit shall be set at 8 months, which is the maximum of the scope of punishment for the basic crime);

3. Criteria for suspension of execution;

(a) Major reasons: Cumulative crimes, recovery of damage;

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