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Reasons
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(영문) 부산지방법원 2018.09.11 2018고단1818
절도등
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Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 2,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On March 22, 2018, Defendant A: (a) around 03:00 on March 22, 2018, Defendant A: (b) reported that the victim E-owned Fabur-purged car, which is located in Busan Dongdong-gu C, turns indoors, etc.; (c) opened a vehicle driver’s seat and deducted the keys of the vehicle attached to the driver’s seat.

As a result, the theft was committed.

2. From March 24, 2018, the Defendants: (a) took advantage of the fact that Defendant A had the key of the victim E E F-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, Defendants: (a) around 23:00 on the same day, around the D laundry site located in Busan Eastdong-gu, Busan; (b) Defendant B reported the network from the side of the said car; and (c) Defendant A attempted to open a driver’s seat and stick the vehicle key to a driver’s seat to display it to the driver’s vehicle, and reported the victim’s friendship G with the victim’s her flurg who was at the flurb, and reported 112 to the Defendants, Defendant B was arrested as flagrant offender at the site; and Defendant A was not in a way to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

1. Relevant Article of the Criminal Act and subparagraph A of the choice of punishment concerning the facts constituting an offense: Articles 329 (A) and 342, 331-2 (the illegal use of a motor vehicle) of the Criminal Act, and subparagraph B of a fine: The choice of a fine: Articles 342 and 331-2 of the Criminal Act, and the choice of a fine;

1. Defendants’ attempted reduction (limited to the attempted unlawful use of each motor vehicle): Articles 25 (2) and 55 (1) 6 of the Criminal Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The conditions unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act are due to the same kind of crime.

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