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(영문) 부산지방법원 2014.09.19 2014고단6500
절도
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On October 1, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to imprisonment with prison labor at the Busan District Court on July 29, 2010, and on October 8, 2010, the sentence of the suspended sentence was invalidated upon the final judgment, and the execution of the said sentence was completed in the original prison on August 4, 2012.

On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on June 12, 2014, and the judgment became final and conclusive on June 14, 2014.

Around 09:00 on April 3, 2013, the Defendant presented a total of KRW 400,000,000,000,000, which was prepared in advance to the victim E, who is an employee of the Defendant, at the counter of the Gyeongnam-gu Seoul District Office, Seoul District Court (Seoul District Court) for the purpose of 00,000 won, “Woo 50,000,000 won, changed to 50,000 won,” and the victim did not have a personal right of 50,000 won, changed to 10,000 won. In other words, 670,000 won, which was 50,000 won, which was 80,000 won, which was 130,000 won, from the victim, and concealed the rest of 13,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. E police statement;

1. Investigation report (suspect A, etc. of the crime committed on the part of the suspect);

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (verification of a flood audit room and copies of judgments on the same kind of crime records), and application of Acts and subordinate statutes of confinement and inquiry;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, as well as the fact that the Defendant committed the instant crime without being aware of, in particular, even though he/she is in the period of repeated crime for the same kind of crime.

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