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(영문) 부산지방법원 2018.04.25 2018고단148
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 4, 2017, the Defendant: (a) around 16:30 on December 4, 2017, 2017, 16:30, the Defendant left the clothes equivalent to KRW 200,000, in total, of the market prices of the victim’s management, such as 1 punishment, 1 punishment, white Shirts, 1 punishment, 1 punishment, and 1 punishment, etc., of the victim’s management, which were suffering from the victim’s lebbane in Busan-gu C.

Accordingly, the Defendant stolen the property managed by the injured party.

On February 16, 2018, the Defendant: (a) sold an official disease at the convenience store located in Busan Jung-gu, Busan, on February 16, 2018; (b) confirmed the official disease by the victim H; and (c) stolen 3,500 won of the master tobacco (total of KRW 13,500) in the market price kept in the Kabter display stand; and (d) sold an official disease at the convenience store around 19:30 on the same day while selling an object, and then putting 2,200 won of the market price at the display stand into one’s own bank (total of KRW 6,600).

Summary of Evidence

[2018 Highest 148]

1. Statement by the defendant in court;

1. E statements;

1. A photograph of a CCTV course (2018 highest 985);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment to photographs of crime scene);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of recommendations - Part II (General thief) in mitigation area (from April to October) in respect of general property - Special mitigated person: Mental and physical weak (no one shall be responsible for him/her);

2. The sentence of imprisonment shall be sentenced in consideration of the fact that the defendant who was sentenced to suspended sentence was not even after having been sentenced to suspended sentence and thus again committed the instant crime;

However, consideration shall be given to the fact that the damage amount is not significant, and that the defendant is a mental disorder 3.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc.

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