1. The defendant shall be punished by imprisonment for six months;

2. The request for the remedy order of this case shall be dismissed.

Punishment of the crime

『2019고단4558』 피고인은 2019. 10. 31. 21:10경 대전 중구 C에 있는 주차장에 이르러, D 아우디 승용차의 시정되어있지 않은 문을 열고 들어가 피해자 B 소유의 현금 4만원, 시가 46만 원 상당의 검정색 샤넬 카드지갑, 시가 80만 원 상당의 스마트키, 시가 20만 원 상당의 화장품이 들어있는 시가 30만 원 상당의 훌라 핸드백을 가지고 가, 합계 180만 원 상당의 재물을 절취하였다.

On February 7, 2020, the Defendant: (a) around 21:15, 2020, the Defendant: (b) opened a precious metal storage in Gangwon-do Jong-gun E; (c) at the F metal bank; (d) the victim G opened a locking place; and (e) stolen it with precious metal worth KRW 24K 2,50,000 equivalent to the market price of the victim’s owned by the Defendant, one total of KRW 3,100,000, and one total of KRW 18,000, the market price of which is KRW 60,000.

Summary of Evidence

[2019 Highest 4558]

1. Defendant's legal statement;

1. Each written statement prepared B;

1. Investigation reports (in addition to damaged articles);

1. A report on investigation (specific time of occurrence and CCTV confirmation);

1. 112 reported case handling table;

1. Investigation report (Listening to statements by a victim's telephone - additional damage details, and confirmation as to whether agreement thereon exists);

1. On-site photographs, photographs of CCTV around the scene, photographs worn at the time of committing a crime, and photographs of damaged articles taken away (20, group 1015);

1. Defendant's legal statement;

1. A written statement prepared by G;

1. Reports on internal investigation (with respect to specific circumstances of the suspect)

1. Reports on internal investigation (as to the amount of damage related to the damaged goods)

1. Application of photographs, nine photographs, and CCTV-related Acts and subordinate statutes in F;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed by larceny, No. 2020,No. 1015 of the Criminal Act), among concurrent crimes;

1. The reason for sentencing under Articles 32(1) and (2) and 25(3) of the Act on Special Cases Concerning the Dismissal, etc. of Applications for Compensation Orders shall be larceny from the Chungcheong District Court’s Chungcheong Branch on January 29, 2018.