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(영문) 부산지방법원 2016.05.03 2015고단2373
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 16, 2014, the Defendant, “2015 Goman 2373, 200:15, the Defendant, while drinking alcohol together with a walk in the C main office located in Busan Jin-gu B, Busan on November 16, 2014, was attempted by the employees of the said main office E having the wind to take off and cut off the goods to be stolen in the escape room where the victim D, etc., who is an employee, had been possessed.

Accordingly, the defendant attempted to steal property.

"2015 Highest 4515"

1. On April 4, 2015, the Defendant: (a) on April 4, 2015, the victim G in Busan Jung-gu was using the victim G in Busan Jung-gu as a lodging room; (b) opened a visit that was not corrected in order to steals the articles used by the victim G in Busan Jung-gu; and (c) invaded into the said room.

2. The Defendant: (a) committed theft with a 4.90,000 won amounting to the market price owned by the victim at the victim’s new location, using the cres in which the said victim was self-fluored at the same time and place as above; and (b) stolen the said cres.

3. Around 02:00 on April 5, 2015, the Defendant: (a) opened a closed visit at the victim’s room; (b) intruded into the said room; and (c) went into the said room, and stolen the victim’s market price by having a 1200,000 won-clicker; and (d) having one punishment for a system pocketet equivalent to the market price of 400,000 won.

Summary of Evidence

[2015 Highest 2373]

1. Statement protocol with respect to E;

1. Written statements of D;

1. A criminal investigation report (CCTV photographs and receipts settled by the person under consideration, and hearing of D Telephone Statements)

1. A protocol concerning the examination of the accused;

1. Statement with respect to G;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions pertaining to criminal facts - Articles 342 and 329 of the Criminal Act, the choice of imprisonment - Articles 319(1) and 329 of the Criminal Act, the choice of imprisonment - Article 330 of the Criminal Act

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reason of sentencing [the scope of recommending punishment] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes. The special mitigation area of Article 4 of the Act on the thief for general property (the thief for intrusion)(the thief for April to June).

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