beta
(영문) 인천지방법원 부천지원 2014.01.02 2013고단3214

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013Kadan3214] Around 23:00 on September 4, 2013, the Defendant discovered that there is a stolen article in a vehicle parked in the 1st floor parking lot in Changwon-si B, Changwon-si, and discovered that there is a door from the Dpoter c’s market value of 12,260,000 won, which is the owner of the victim C, with the view to opening the door, and driving the said cargo at the starting of the said cargo vehicle.

[2013Kadan339] On August 21, 2013, the Defendant: (a) around 22:25, 2013, on the street in front of the Mahappo-gu, Changwon-si; (b) discovered parked vehicles and stolen cash, etc. in the vehicle, by hand, left the victim G Hinna-III vehicle; (c) the victim I J carren vehicle; and (d) the victim K Lan-Wn-Wn-Wn vehicle with each driver’s hand; but (c) did not carry the said vehicle’s door and did not commit any attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes to reports on the occurrence of stolen vehicles, arrest and reporting, records of seizure, reports on vehicle theft, reports on internal investigation, and reports on internal investigation;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that probation and community service order reasons for sentencing under Article 62-2 of the Criminal Act are not good in light of the methods and contents of each of the crimes of this case, and that the defendant has a past record of having been sentenced to a stay of execution of four months of imprisonment for the same kind of crime in 2009, the defendant should be punished strictly. However, the defendant has a deep depth of his mistake, the defendant has reached a unanimous agreement with the victim C, and all of the circumstances of this case, which are conditions for sentencing, including the defendant's age, character and conduct, family relation, and circumstances after the crime, etc., shall be determined as ordered by the order.