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(영문) 부산지방법원 2016.11.24 2016고단5494
절도등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant committed each of the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to tide and alcohol dependence, etc.

1. A theft: (a) around 12:00 on September 2, 2016, the victim D entered the “E” operated by the victim D located in the Geum-gu Busan Metropolitan City, and stolen cans equivalent to 2,000 won at the market price, which is the victim’s possession, regardless of the victim’s restraint.

2. On August 16, 2016, the Defendant attempted to commit fraud: (a) pretended to purchase the victim’s normally at the Horse point at which the victim G in F in the Geum-gu Busan, working as an employee, and (b) demanded a refund of goods equivalent to KRW 37,00,00 in total of KRW 37,00,000 in the market price, including three copies, and shampoo and 2 shampoo in an amount equivalent to KRW 4,500 in the market price, and KRW 4,500 in the market price.

The defendant believed that he would immediately receive 37,000 won from the victim who believed that he would receive 37,000 won as the refund price.

However, in fact, the above goods were stolen from the above convenience store and did not normally purchased, and the victim confirmed the sales details of the above convenience store and knew that the above goods were lost, the victim rejected the refund.

Accordingly, the Defendant, by deceiving the victim, did not intend to receive property from the victim, but did not commit an attempted crime.

3. (1) The Defendant, at the same time, at a place as described in paragraph (2) and at the same time as described in paragraph (2), rejected a refund to the victim G, she left a string for about five minutes, such as making a fluoral knick, setting a sound by hand, seeing the urine on the floor, etc.

Ultimately, the Defendant interfered with the victim's management of convenience points by force without any justifiable reason.

(2) On August 31, 2016, the Defendant around 06:45 Busan.

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