beta
(영문) 울산지방법원 2015.5.8.선고 2014고단3806 판결

가.특수절도나.특수절도미수

Cases

2014 Highest 3806 A. Special larceny

(b) Attempted special larceny;

Defendant

1. A (77, South and North) or non-permanent office;

2. B (78,00) (n), and free from office;

Prosecutor

Ison (prosecution) and scambling (public trial)

Defense Counsel

Attorney Kim Jong-hee (the national election for all the defendants)

Imposition of Judgment

May 8, 2015

Text

Defendants shall be punished by imprisonment for not more than six months.

However, the execution of the above punishment is suspended for one year from the date when this judgment became final and conclusive against the Defendants. To order the Defendants to be put on probation.

Reasons

Criminal facts

Defendant A and Defendant B are the married couple, and Defendant C are the friendship of Defendant B. The Defendants and C conspired to steal the basic cost of living, the cost of the disabled, and the allowance for the disabled, which would be difficult to maintain their livelihood, and the grain of others.

1. Special larceny;

가. 피고인들은 2012. 8. 23. 01:00경 울산 울주군 대리마을2길 ○○○에 있는 피해자 김00의 주거지에 이르러, 시정되지 않은 대문으로 침입한 후 그 곳 곡물창고 있던 피해자 소유인 시가 약 100만 원 상당의 마늘 30접, 현미 쌀 80Kg 한 가마니를 피고인들이 타고 간 14다XXXX호 트라제 승용차에 옮겨 싣고 가 이를 절취하였다.

B. At around 00:30 on December 17, 2012, the Defendants: (a) 17, Ulsan-gun, U.S., U.S., U.S., on a structure with no trade name of 00 victims, adjacent to ○○○○, Pungnam-do, U.S.; (b) on the part of the Defendants: (c) on the part of the Defendants: (d) on the part of the victim’s ownership, the Defendants boarded and intruded into a tent; and (e) on the part of the victim’s market price, approximately KRW 1,00,00,000; (b) on the part of the Defendants: (c) on the part of the Defendants: (d) around 00:30 on February 6, 2013, the Defendants: (d) 300,000 won at the market price of the victim’s leap; (d) 1,1,200,1,75,1,1,27,1,1,1,1,1,100000

D. The Defendants, at around 00:30 on March 18, 2013, at the place indicated in paragraph 1-b., and in the same manner, they stolen the waste of about KRW 500,000,00 of the market price of the victim leap.

E. At around 00:30 on May 21, 2013, the Defendants: (a) extracted approximately KRW 300,000,000 in front of the Victim Kim Jong-Un, the victim Kim Chang-gun, Ulsan-gun, U.S., and then stolen the Defendants’ report on the said car.

F. At around 01:00 on May 21, 2013, the Defendants: (a) discovered a theft from the victim’s garden located behind the Doncheon-ri ○○ ○○ restaurant in Ulsan-gun, Ulsan-do; (b) around 10,000,000 the market price of the victim’s possession, which was deep at that place, was around KRW 30,000,000; and (c) discovered a theft on the said vehicle on which the Defendants were aboard.

G. At around 00:30 on June 6, 2013, the Defendants: (a) extracted 30,000 Mady field from the victim’s Dog-dong, Dogdong-dong, Ulsan-do; and (b) extracted 90,000,000 won at the market price of the victim’s possession, which was the victim’s possession, and stolen the said vehicle loaded on the said vehicle, which the Defendants was aboard.

H. At around 00:30 on June 8, 2013, the Defendants: (a) extracted 15,000,000 won at the victim’s marina field located in ○○○○, Dog-dong, Chungcheongnam-do; (b) extracted 4,50,000 won at the market price of the victim’s possession, which was the victim’s possession; and (c) cut off the said vehicle into the said vehicle on which the Defendants were aboard.

I. On October 3, 2013, around 01:13, the Defendants, in collaboration with C, divided into 47,000 won of the market price of the victim 00 at the same place as indicated in Section 1-B, and divided into 47,00 won of the market price of the victim 00, with the same method, and took them into account and stolen the said car on which the Defendants were on board.

(j) On January 14, 2014, around 01:13, the Defendants divided the victim’s leap with C into 247,00 won of the market price of the victim’s leap with the same method in the same manner as the place indicated in paragraph (b) of Article 1-B, and took them into account, and stolen the leap, which were loaded on the said car loaded by the Defendants.

(k) On July 10, 2014, the Defendants: (a) around 01:00, and around 01:0, and around 30,00, 200 Ulsan-gun, Ulsan-gun, the Defendant: (b) had 50,00 maws and 50,000 maws and maws, which were the victim’s possession, were loaded on the said car between the Defendants, and were stolen.

2. Attempted special larceny;

피고인들은 물건을 훔칠 것을 마음먹고 14다XXXX호 트라제 승용차를 타고 돌아다. 니다가, 2013. 8. 21. 01:00경 제1의 가.항 기재 장소인 피해자 김00의 주거지에 이르러, 훔칠 물건이 있는지 담장 너머로 안을 살펴본 후 피고인 B는 망을 보고, 피고인 A는 담을 넘어가던 중, 피해자에게 발각되어 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning suspect interrogation of C;

1. Statement of the police statement on Kim○-○, and Maap○;

1. A statement of Kim Jong-gu, Emb, P, P, P. 00, Emb and maximum 00

1. Reports on each occurrence of a theft;

1. CCTV photographs, CCTV photographs, etc., photographs, chassiss, red-lights, caps-faging photographs, photographs, etc., notification of the violation, field photographs, etc.;

1. Each internal investigation report and investigation report;

Application of Statutes

1. Article applicable to criminal facts;

Article 331(2) and (1) of the Criminal Act (the point of multiple larceny), Articles 342, 331(2) and (1) (the point of attempted single larceny) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation] Class 2 (General thief) Reduction Area (4th to October) for General Property

[Special Mitigation] Residential Crimes

【Determination of Sentence】

The fact that the prosecution has been suspended for the same kind of crime, which has been repeated, and that it has not been agreed with or has not been recovered from the victims is the factor of sentencing disadvantageous to the defendant.

The defendants are against the defendant when committing the crime. The defendants' crime is against the defendant's living cost, the defendant's living-type criminal resulting from the crime of this case in which it is difficult to maintain his/her livelihood with a disabled person's allowance, and the defendant's second class 2 and the defendant's second class 4 disabled person in language are sentencing factors favorable to the defendant. In addition, considering various sentencing conditions, such as the defendant's age, health status, character and behavior, environment, and circumstances after the crime, the punishment shall be determined as ordered by the order, and probation shall be ordered.

Judges

Judges Jeong-ho