beta
(영문) 서울중앙지방법원 2016.11.09 2016고단6341

절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for an attempted robbery at the Sungnam Branch of the Suwon District Court for the crime of attempted robbery, and on February 3, 2012, during the period of the suspended execution, the Defendant was sentenced to two years of imprisonment with prison labor for robbery, injury, etc. at the Seoul Central District Court for the crime of robbery, etc. on February 3, 2012, and the said judgment became final and conclusive on May 9, 2012, and completed the execution of four years of imprisonment with prison labor in the Ansan Prison on March 18, 2016.

【Criminal Facts】

1. On August 30, 2016, at around 13:55, the Defendant: (a) cut off the number French white vehicle parked on the road along the Gangnam-gu Seoul Metropolitan Government, Seocho-gu, 69-ro, and then cut off the tobacco owned by the victim and then cut off the tobacco owned by the victim, by opening the top door of the above vehicle, which is not locked, to confirm the fact that there is no person on the vehicle, such as the driver, after the victim stopped the said vehicle, between the influence of the name and driving the said vehicle, and by examining the proposal of the said vehicle.

2. On September 2, 2016, the Defendant: (a) around 15:30 on September 2, 2016, the thief was parked on D’s truck vehicle located on the front of the Seocho-gu Seoul Seocho-gu Seoul Building, and (b) the victim E, who is a home delivery engineer, did not lock the above vehicle’s door and carried the vehicle’s door in order to deliver goods; (c) checked the vehicle’s inside the vehicle’s door without locking the above vehicle’s door; and (d) opened an unlocked driver’s door and colored goods.

During that process, the defendant was dismissed from the victim who had been coming from the above vehicle and failed to achieve his intention.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A CD copy of the CCTV image;

1. Previous convictions: Criminal records, investigation reports (report of confirmation during the period of repeated offense), previous records of disposition and report on results of confirmation, application of each judgment and current status of expropriation of individuals to statutes;

1. Article 329 of the Criminal Act applicable to the crime, and Articles 342 and 329 of the Criminal Act;

1. Punishment;