beta
(영문) 광주지방법원 2013.05.29 2013고정504

절도등

Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On January 1, 2012, the Defendant: (a) obtained one pension lottery ticket equivalent to KRW 1,000 at the market price of the non-victim’s loss in front of the Gwangju Dong-gu, Gwangju around 15:00; (b) obtained five copies, such as the Home Empt gift certificates, etc. equivalent to KRW 170,00,00 from the lower end of the same month; and (c) embezzled each of them without taking necessary procedures, such as returning property equivalent to KRW 173,00,00, total market price of which the non-victim lost, to the victim; and (d) obtained five copies, such as the Home Empt gift certificates, etc., at the lower end of the same month.

2. At around 03:00 on July 3, 2012, the Defendant: (a) opened a door to a driver’s seat that was parked by the victim E in front of Gwangjudong-gu, Gwangju; (b) had a cash of KRW 3,000 in cash; and (c) stolen it.

3. On July 3, 2012, the Defendant attempted to larceny: (a) around 03:30 on the street in front of Gwangju-dong G, Gwangju-gu; (b) while displaying a vehicle in order to steal another person’s property, the Defendant did not receive a senior handkn on the part of the victim H while driving the vehicle; (c) but did not carry out an attempt without being opened.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and H;

1. Application of Acts and subordinate statutes to photographs of suspect possession and records of seizure;

1. Article 360 (1) of the Criminal Act, Article 329 of the Criminal Act, and Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return;