2016 Highest 906 Special Larceny

A person shall be appointed.

○○○ (prosecutions) and OO (Public trial)

Attorney ○○○ (Non Line)

April 27, 2016

A defendant shall be punished by imprisonment for not less than six months.

Criminal History Office

The Defendant was a person who provides accommodation at the Dongdaemun-gu Seoul Metropolitan Government ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and the Defendant was aware that the said church was dedicated to the donation of the donations received on Sundays and that it was collected on a monthly basis, and committed a theft of the donations on the new wall to raise living expenses.

On March 14, 2016: Around 00:0, the Defendant opened a warning gate, which had the entrance door attached to the church, and entered the wedding room, and stolen two unconstitutional sum of the members of the victim church at which it had been located, including the sum of KRW 1,107,000, which is the collective ownership of the members of the victim church, and KRW 1,100.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. Police seizure records;

1. Photographs;

Application of Statutes

1. Article applicable to criminal facts;

Articles 331(1) and 330 of the Criminal Act

1. Discretionary mitigation;

The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act

[Scope of Recommendation] thth thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

[Special mitigation (Aggravation)] In the event of intrusion into a place other than an indoor residential space, punishment is not imposed / night-time damage, residence intrusion or at night-time damage, structure, etc.

【Determination of Sentence】

On May 8, 2015, the defendant was sentenced to a suspended sentence of six months for larceny, etc. and committed the instant crime during the grace period, but his/her mistake is against himself/herself, and the victim does not want the punishment shall be determined in consideration of the fact that he/she committed the instant crime.

Judge Upper-gu