beta
(영문) 서울남부지방법원 2016.08.31 2016고단3372

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 2016, from around 01:00 to around 03:00, the Defendant discovered and carried out the smart key of the victim (ju) DNA QV5 vehicle owned by the victim at the main point of “D” located in Gangseo-gu Seoul Metropolitan Government between around 01:00 to around 03:00, and at the point of “D” located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu C, while drinking, dance, playing, and playing as a dance test.

Accordingly, the defendant stolen the victim's property.

2. On June 4, 2016, around 07:51 on June 4, 2016, the Defendant: (a) discovered the victim’s Huuu Q five vehicles located at the same place as the above paragraph in the public parking lot located in Gangseo-gu Seoul Metropolitan Government “G” restaurant located in Gangseo-gu, Seoul; (b) discovered the victim’s Huuu Q five vehicles located in the same manner as the victim’s paragraph 1; and (c) opened the door of the above smart key and driven it at the city.

Accordingly, the Defendant stolen possessions of an amount of KRW 2,480,000, total market price, such as 80,000,000 per annum A, 350,000,000 per market price owned by the victim E, and 3,000,000,000 per market price of KRW 50,000 per market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting the crime, and the choice of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] (4 to 10 months) mitigated area (special mitigation) of Article 62(1) of the Act on the Suspension of Execution (the scope of recommending punishment] [Special Mitigation] of the mitigated area (special mitigation of punishment] of punishment (the decision of sentence] of the mitigated area: The crime is not good in light of the method of theft of the victim's vehicle height and the circumstances leading to the crime, etc. of theft of the vehicle and the vehicle in the vehicle and the vehicle, and the amount of damage is not less than 52 million won, and the amount of damage is not less than 52 million won - The ordinary circumstances favorable to general property are erroneous and agreed with the victims. The same records are the same.