beta
(영문) 부산지방법원 2015.11.04 2015고단5835

특수절도미수등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be returned to the victim C.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant, at around 01:00, attempted to steals money and valuables from the nearby F restaurant operated by the victim E in Busan Jin-gu, Busan, but failed to discover money and valuables to be stolen, and did not bring about such intent. At the same time, the Defendant stolen money and valuables equivalent to KRW 2,646,00,00, total of the victims, by destroying a structure at night at night over seven times, as indicated in the list of crimes in the attached Table, and attempted to steals money and valuables from the victim’s owner at night by destroying part of the structure at night or destroying a structure at night on five occasions in total. However, the Defendant attempted to steal money and valuables from the victim’s owner at night, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and C;

1. Each statement of I, J, E, K, L, M, and N;

1. The police seizure record and the list of seizure;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report (with respect to correction of the date of the crime, confirmation of the owner of seized knife, victim telephone);

1. Articles 342, 331 (1), and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victims [the scope of recommending punishment] for general property [the minimum of the recommended sentence for the mitigation area (8 months to one year and six months) (special mitigation person] [the decision of sentence] for the crime committed in a place other than indoor residential space (the decision of sentencing is not good for the crime and the method of committing the crime is not sufficient for the majority of the victims and the damage is not considerable. In light of the fact that the defendant seems to have committed the crime, some damaged items are recovered, and there are no other criminal records except for the cases of juvenile protection disposition twice for the same kind of crime, and the defendant's age is the age.