beta
(영문) 창원지방법원 밀양지원 2017.04.27 2016고단321

절도

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal history] On July 7, 2016, the Defendant was sentenced to a suspended sentence of two years on July 15, 2016 in the Changwon District Court was sentenced to imprisonment with prison labor for a special injury, and the said judgment became final and conclusive on July 15, 2016.

[2] On April 30, 2016, the Defendant: (a) opened a door of the E-Poter vehicle in front of D, which was not corrected in C; (b) around 23:00 on April 30, 2016, the Defendant cited and stolen a bank package of KRW 100,000,000 in the market value of the victim F of the vehicle; (c) KRW 13,000 in cash; (d) an enterprise bank physical card; and (e) an agricultural bank card of KRW 100,00 in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Photographs of damaged articles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on a criminal suspect's stay of execution and attachment of judgment);

1. Article 329 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime of this case with the reason for sentencing under the latter part of Article 39(1) of the Exemption Criminal Act shall be considered in the case of concurrent crimes with the special injury crime in which the judgment became final and conclusive and the crime of this case should be considered at the same time in relation to a group of concurrent crimes after Article 37 of the Criminal Act. The suspended sentence of imprisonment with prison labor is imposed for the special injury crime in the judgment, and most damaged items are deemed to have been returned to the victim, and the sentencing conditions indicated in the records, such as the age, environment, motive, means and consequence of the crime, etc. of the