beta
(영문) 울산지방법원 2020.04.09 2020고단906

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 17, 2017, the Defendant was sentenced to a suspended sentence of one year for night buildings, intrusion upon buildings, larceny, etc. by the Ulsan District Court. On December 18, 2018, the suspended sentence was revoked, and on October 2, 2019, the prison detention house completed the execution of the sentence.

1. On February 21, 2020, at around 04:25, the Defendant discovered the fact that the vehicle door of the victim D’s E-car was not locked prior to the convenience store located in Ulsan-gu, Ulsan-gu, Seoul-gu, and opened a driver’s seat and caused a theft of KRW 2.60,000 in cash owned by the victim.

2. Around 00:34 on the 25th day of the same month, the Defendant discovered the victim G’s H QM3 car in front of the same Gu F Hotel, opened a steering gate, opened the inside of the vehicle, and did not discover the property to be stolen, but failed to discover the property to be stolen.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each video CD, each photograph;

1. Criminal records and judgment (Ulsan District Court No. 2017 Highest 1069, etc., 2017No153);

1. Application of Acts and subordinate statutes to report criminal investigation (report of confirmation of suspension of execution of sentence);

1. Relevant Articles 329 and 342 of the Criminal Act concerning criminal facts; the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize all the crimes of this case and repents the wrong facts. However, the crime of this case is committed during the period of the same repeated offense, and it is inevitable to sentence the defendant as to the crime of this case.

In full view of the degree of benefits earned by the defendant as a result of the instant crime, the defendant's age, character and conduct, family relationship, environment, circumstances leading to the crime, circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition.