beta
(영문) 부산지방법원 동부지원 2017.09.28 2017고단1681

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 19, 2017, the Defendant considered that the “Maritime Bathing Beach” located in Busan Metropolitan City, Busan Metropolitan City, was stolen with the view to thefting the bags set up by the visitors under the direction set up therein.

At around 16:00 on the same day, the Defendant discovered one lock and one lock containing USD 152, the victim C, and 36,000, cash 36,000, etc., installed at the above beach seven times in front of the above bathing beach, and then stolen them by using the crepans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F and C prepared;

1. Application of Acts and subordinate statutes 29 copies of a report on seizure (voluntary submission), list of seizure, report on internal investigation (exploiting the scene and photographs of damaged articles), and photographs;

1. The crime of this case committed on the grounds of the pertinent Article of the Criminal Act, Article 329 of the Criminal Act regarding criminal facts, Article 329 of the selective sentencing of imprisonment, and the punishment of imprisonment was committed on the ground of the crime of this case. The crime of this case was committed by cutting away an embankment, etc. from bathing beaches, which is not good, and the Defendant has been punished three times for the same crime. In particular, on May 31, 2017, the Defendant was sentenced to a suspended sentence of 8 months for attempted larceny, etc. at the Busan District Court’s Dong Branch Branch, which became final and conclusive on June 8, 2017, and without being aware of the fact that he/she committed the crime of this case at least two months thereafter.

However, it is favorable for the defendant to recognize the facts charged and reflect the facts charged, the damage is deemed to have been fully returned, and the value of the damaged goods is not relatively large.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Theft: thief.

참조조문