beta
(영문) 서울북부지방법원 2016. 9. 22. 선고 2016고단2905 판결

절도

Cases

2016 Highest 2905 thief

Defendant

A

Prosecutor

○○ (prosecution) and ○○ (Public Trial)

Defense Counsel

Attorney ○○ (Presiding over)

Imposition of Judgment

September 22, 2016

Text

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

A seizured divers (No. 4) shall be confiscated.

Reasons

Criminal facts

1. The crime committed on June 26, 2016;

On June 26, 2016, at around 04:00, the Defendant discovered that there was no 83 things from the room of ○○○○○○○○○○-○○○○○-ro, Seoul, ○○○○○○○○-ro, and opened the above things by means of a cresh in the surrounding area, and cut off the cash of KRW 40,000 owned by the victim Kim○-○, who was in that area, and cut off the money of KRW 33,00,000 in cash owned by the victim in that area.

2. The crime on July 2, 2016;

On July 2, 2016, at around 03:20, the Defendant opened and opened a 93th object box using the dracker, which was in possession of the dracks in the surrounding place, and then stolen the dracker’s dracker’s market price equivalent to 2 million won in the victim’s dracker’s market price.

3. The crime on July 6, 2016.

On July 6, 2016, at around 02:00, the Defendant opened and opened a 63 string of things box using the crebs in the surrounding place, and cut off the cash amounting to KRW 23,000,000, which is owned by the former ○○○ of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement by the police on the ○○○○, ○○○, and the line○○, each of the police records;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Code, Article 1. The former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code among concurrent offenders

Reasons for sentencing

1. The scope of applicable sentences under the law: the scope of recommended sentences [the scope of recommended sentences] on the sentencing guidelines from January to September of imprisonment [the scope of recommended sentences] on general property [the scope of general larceny] and the basic area (one to one year and six months from June of imprisonment] of the sentence; and 3. The sentence shall be determined as per the order, taking into account all the circumstances revealed in the pleadings of this case, such as the following circumstances, the defendant's age, family relation, inclination, etc.

The circumstances favorable to ○○: The Defendant committed the instant crime in a secret and planned manner, such as theft, by opening the scambling room with a scamblingr in order to steal an unspecified victim’s things, and by holding them away from 16 days from June 26, 2016 to July 6, 2016; the victims desire to punish the Defendant; the Defendant was sentenced to imprisonment for six months from September 3, 2010 to 16 months from the Seoul Central District Court sentenced to obstruction of the performance of official duties; and the Defendant was sentenced to criminal punishment for six months from September 3, 2010 to 15 times.

Judges Kim Jong-ran