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(영문) 서울북부지방법원 2020.05.28 2019고단5366
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2019, the Defendant: (a) was placed in the office operated by the Victim C (Age 61) in Macheon-si, Macheon-si; (b) while having a dispute with the victim as a matter of settling accounts for the same business with the victim, the Defendant taken one time the part of the tride, which is a dangerous object of the victim’s Yan-si, was protruding the victim’s left side with the front part of the tride.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Larceny;

A. On January 2019, the Defendant: (a) took the date and place indicated in paragraph (1); and (b) took a shopping bag owned by the victim, which contains documents prepared by the said victim for the same reason as that indicated in paragraph (1); and (c) stolen it.

B. On February 26, 2019, around 14:00 on February 26, 2019, the Defendant stolen: (a) loaded approximately KRW 90,000 of the market price of the victim’s possession on a truck, on the ground that the said victim did not make a settlement of accounts for the same business; (b) loaded approximately 10,80,000 won in the instant truck.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Stop photographs of a proxy stone;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone and report on site investigation);

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) (a point of special violence and choice of imprisonment), and 329 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 Crimes (Special Violence Decision) (Special Violence) and Violence Crimes [Type 6] Cumulative Offense and Special Violence (Special Assault) mitigated element: Penalty not (including serious efforts to recover damage).

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