beta
(영문) 부산지방법원 2013.03.21 2013고단563

절도

Text

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

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor or 2 years of suspended execution in Busan District Court for larceny, etc., and on August 3, 2012, the said judgment became final and conclusive and is still under suspended execution.

1. Around 21:00 on January 19, 2013, at the “E cafeteria” restaurant for the victim’s operation, the victim’s cash 1.60,000 won, resident registration certificate, one driver’s license, one car driver’s license, one modern card, and one 2 U.S. dollars for women’s wall with one 1,80,000 won.

2. On January 20, 2013, around 13:00, at the “H” restaurant operated by the victim G in Seo-gu Busan, Seo-gu, Busan, the victim’s bank card owned by the victim and the NongHy-gu card were stolen by hanging it.

3. On January 20, 2013: (a) around 13:30, the victim J operated in Seo-gu Busan, Seo-gu, Busan; (b) demanded employees L to pay off money to others; and (c) took off KRW 67,000 in cash owned by the victim from the plastic box under the knife.

4. Around 23:00 on January 12, 2013, the Defendant: (a) committed a theft by using the gaps of “N” 203 located in Busan Seo-gu M; (b) the victim’s O located adjacent to the telephone, which is the victim’s market price located adjacent to the telephone; and (c) using a gallon of Samsung 2 mobile phone base and cash amounting to KRW 30,000,00,000 in the market price of the victim, which is located adjacent to the telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police officer's statement of L, G, D, andO;

1. A written statement of D orO;

1. Police seizure records;

1. Photographs of seized articles;

1. Investigation report (on-site photographs, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-dispositions and report on results of confirmation);

1. Article 329 of the Criminal Act of this Act concerning criminal facts

참조조문