200 Highest 4988 thief

A, 1962 People's School, South 1962, and Drivers

Residence

Reference domicile

Lee Jin-jin (Court of Prosecution) and Kim Jong-man (Court of Public Trial)

Attorney Kim Jong-soo (National Election)

June 22, 2021

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 160 hours.

Criminal facts

At around 00:41 on September 19, 2020, the Defendant: (a) committed a larceny, i.e., a thief, a thief, with a total of 2.5 million won in cash, when the victim D, who was under the influence of alcohol on a taxi operated by the Defendant, arrives at the destination of the taxi and was considered to pay the taxi fare by taking out the batfs in cash after having arrived at the destination; (b) the Defendant was able to prevent the theft of the batf, a catf, a catf, a catf, a catf, a catf, a catf, a catf, a catf, which was used in the delivery of the destination; and (c) committed a theft with a total of 2.5 million won in cash inside

Summary of Evidence

(Omission)

[Defendant asserts that although he was able to report that the victim getting out of a taxi was locked, he was sing about his conscience, and immediately returned to the taxi, and that he did not have stolen the cash of the victim. However, the victim was able to get out of the taxi and got out of the taxi until he was discovered and returned back to the taxi. However, the victim was able to have access to the victim for about 1 hour and 20 minutes from the time the victim got out from the taxi to the time she was found out of the taxi and returned

The victim seems to have been considerably working at the time, but clearly stated that the Defendant was in custody of 2.8 million won in cash until he left a taxi operated by the Defendant. Comprehensively taking account of these circumstances, the possibility of committing a crime by a third party or the possibility that the victim lost cash under the influence of alcohol may be ruled out without any reasonable doubt, and the facts charged of the instant case that the Defendant stolen the cash of the victim is sufficiently guilty.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below)

1. Social service order;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of thief] 01. thief for general property (Type 3)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 8 months to 2 years of imprisonment

3. Determination of sentence;

The Defendant was used in India by the victim getting down from a taxi that he operated, and stolen a large amount of cash possessed by the victim. There has been no parts that have been recovered from damage up to the present day, and the victim is punished by the Defendant. The Defendant does not seem to have consistently expressed an attitude against the Defendant by consistently making it difficult for the Defendant to understand. This is an unfavorable circumstance.

On the other hand, the fact that the defendant seems to have committed a crime by contingently in the instantaneous desire, there is no criminal power in the same kind of crime, and there is no record of punishment heavier than the fine.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime was committed, etc. shall be determined as ordered in consideration of the various conditions of sentencing as shown in the arguments in this case.

Judges Full-time Residents