beta
(영문) 부산지방법원 서부지원 2018.07.06 2018고단458

절도미수등

Text

A defendant shall be punished by imprisonment for four months.

Seized evidence 7 shall be confiscated.

Reasons

Punishment of the crime

On February 12, 2018, the Defendant: (a) around 01:15, on February 12, 2018, the Defendant opened a door to the driver’s seat of the D QM3 car owned by the victim C, which was parked in the parking lot located in Busan, Busan, and sought a theft of money and valuables owned by the victim, but the said door was divingd and attempted.

"2018 Highest 793"

1. On December 2, 2017, the Defendant: (a) opened a door that does not correct a vehicle parked by a victim in the name in the name in the French-dong, Seo-gu, Busan around December 2017; and (b) stolen the property of KRW 15,00,00 in total, including one KRW 10,000,000, SK gift certificates, three KRW 10,000,00,000, in the vehicle kept in the vehicle.

2. On February 12, 2018, around 00:20 on February 12, 2018, the Defendant: (a) opened a door that was parked in the front of the Busan Shodong-gu, Busan, and opened a door that was not corrected in the G ASEAN vehicle owned by the victim F; and (b) stolen property worth KRW 120,00 in total, including KRW 20,000 in cash owned by the victim and KRW 5,00 in a lot; and (c) KRW 5,00 in a gift certificate, KRW 5,00 in a lot; and KRW 12,00 in a lot.

Summary of Evidence

"2018 Highest 458"

1. Statement by the defendant in court;

1. C’s statement;

1. Protocols of seizure and list of seizure [2018 Extraordinary 793];

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reports (a copy of the protocol of search and seizure of thefted A, which has been forwarded without arrest);

1. Relevant legal provisions concerning criminal facts, Articles 342, 329 of the Criminal Act (a point of attempted larceny) and Article 329 of the Criminal Act (a point of attempted larceny), and the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is a crime under several laws where the defendant was sentenced to one year of suspended sentence on June 23, 2016, and even if he was sentenced to one year of suspended sentence on June 23, 2016, it appears that the purpose of punishment can not be achieved due to a fine or a sentence of suspended sentence.

(i)an act of theft;