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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On October 17, 2013, at around 23:40, the Defendant discovered that the victim D stopped a YFS car at around the convenience store located in 710-1, YFS-dong, Busan, and then entered the said convenience store after stopping the EYFS-dong, and entered the said car at the convenience store. The Defendant opened and boarded the door of the said car, and driven the said car.
As a result, the Defendant stolen goods equivalent to the total amount of KRW 300,000,000 in the above passenger car and the above passenger car equivalent to KRW 1,00,000 in the market price of KRW 27,000,000 in the victim’s possession, one cell phone equivalent to the market price of KRW 300,000,000 in the market price, 2 wallets of KRW 300,000 in the market price, 710,000 in the market price, 30,000 in the market price, 3,00,000 in the market price, 3,00,000 in the market price, 1 day-to-day, 1 day-to-day, 1,00,000 in the market price of KRW 160,00 in the market price, 1,2,000 in the market price, 4, and 20,000 in the bank security card.
2. Around 00:10 on October 18, 2013, the Defendant: (a) parked the said car at the fifth floor parking lot of the building “G” located in Busan Metropolitan Government, as described in paragraph (1); and (b) attached a fire to the mountain dives, etc. located on the back seat of the bus, which caused the Defendant to spread to the back seat of the said car in a non-breadth by attaching a fire to the mountain dives, etc. located on the back seat.
Accordingly, the Defendant, by burning one motor vehicle owned by D, destroyed that amounting to KRW 5,748,838,00 for repair cost.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each CCTV photograph and each photograph;
1. Application of Acts and subordinate statutes to each investigation report (including attachment of black images, real-time location tracking, etc., detection of stolen vehicles, CCTV investigations, etc., additional statements about damaged articles, CCTV investigations around the location of the stolen vehicle, submission of a estimate of the damaged vehicle, specific suspect, and attachment of suspect pictures);
1. Relevant Article 329 of the Criminal Act and Article 166 of the Criminal Act (the point of larceny and the choice of imprisonment), which are applicable to the crime (the point of ordinary car fire prevention).