209 Highest 4014 Special Larceny, Violation of the Punishment of Violences, etc. Act (Batter)

A (75 years old, South)

Maximum Constitution

Attorney Yoon Don-chul (Korean)

September 22, 2009

A defendant shall be punished by imprisonment with prison labor for not less than eight months, and seized evidence No. 13 shall be confiscated.

Criminal facts

1. Special larceny against victims C;

On June 23:30, 2009, the Defendant: (a) committed theft with a red Samsung Samsung-clive cell phone with the market price equivalent to KRW 400,000,000, which was owned by the Victim C, and was under the influence of alcohol, on the front side of the old chill field located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan. (b)

2. Special larceny against victims C1;

At around 00:45 on August 6, 2009, the Defendant: (a) was in front of the public toilets in the Democratic Park in Jung-gu, Busan; (b) was in possession of the excessive amount of KRW 13,00,00 in cash, which is a deadly weapon; (c) was in possession of the victim C1’s pursuant to the influence of alcohol; (d) 1, 2, 2, 3,000 in cash, 3,00, 2, 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 300,000,000,000,000,000,000,000 won in cash, 3,000,000,000 won in the market on which there was a resident registration certificate or driver’s license.

3. A person who violates the Punishment of Violences, etc. Act;

From Apr. 2009 to Aug. 6, 2009, the Defendant carried a deadly weapon, which might be used for violent crime without justifiable reasons, by possessing the excessive amount specified in paragraph 1., which is a deadly weapon, in the pursuant to the shoulder, in a democratic park, etc. located in the permanent residence of Jung-gu, Busan. The summary of the evidence was carried by the Defendant.

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement about C1 and C;

1. A written statement under C2;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to each investigation report (the details of autopsy, photograph of damaged articles, scene of crime, photograph of escape route, photograph of belongings);

1. Article applicable to criminal facts;

Article 331(2) and (1) of the Criminal Act; Article 7 of the Punishment of Violences, etc. Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201)

1. Confiscation;

Article 48(1) of the Criminal Act

Judges Han Han-Gyeong