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(영문) 부산지방법원 2015.04.29 2014고단7704
절도
Text

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

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

Reasons

Punishment of the crime

1. On September 8, 2014, around 06:20 on September 8, 2014, the Defendant: (a) charged the victim C with his/her smartphone in the subway station located in the Southern-gu Busan Metropolitan City, with one cell phone charging unit; and (b) stolen the victim C with one smartphone (the model name LG-LU620) equivalent to one million won at the market price owned by the victim.

2. On September 11, 2014, the Defendant: (a) committed the crime of Sep. 11, 2014, at the Busan East-gu, Busan-gu, 206 at the Busan-dong (hereinafter referred to as the “Seoul-dong”); (b) used the gap in which the victim D scambling the scam, thereby resulting in theft at the age of 100,000,000 won in the market price of the victim’s possession; and (c) using the gap in which the victim D scambling the scams at the end of 206,000,000 won in the market price; and (d) using the scams in which the market price is equivalent to 70,000 won in the market price

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes attached to photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no basic area (6 months to 1 year and 6 months) of types 2 (general larceny) [decision of sentence] / The defendant does not have knowledge during the period of suspension of execution of the same kind of crime and commits another crime in this case (Provided, That the current grace period has expired). However, the defendant appears to have the attitude to recognize and reflect the crime, most damaged articles were recovered, and victims do not want to be sentenced to severe punishment, etc.

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