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(영문) 부산지방법원 2018.05.18 2018고단1398
절도
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On April 26, 2017, the Defendant was sentenced to eight months of imprisonment for larceny and assault by this court, and completed the execution of the sentence in Busan prison on November 3, 2017.

On March 26, 2018, the Defendant was parked in the Vice Minister for Permanent Residence of "D" located in Busan, Jin-gu, Busan, Busan, on March 26, 2018

E SP car (hereinafter referred to as the “F”) opened a steering gate which was not corrected by the victim F (hereinafter referred to as the “vehicles”) and entered the vehicle inside the instant vehicle with one household (50,000 won at the market price) holding the victim’s ownership located in the instant vehicle. Within the instant vehicle, KRW 47,000 per cash, KRW 10,00 per face value, KRW 10,000 per face value, KRW 2 per gift certificates, KRW 10,000 per face value, KRW 10,00 per face value, KRW 10,00 per face value, KRW 10,00 per face value, KRW 30,00 per unit (or KRW 22,50 per market value), KRW 15,00 per unit (or KRW 15,00 per unit market value), and KRW 10,000 per unit market value (or KRW 100,00 per unit value), and thereafter, KRW 10,00 per unit market value).

As a result, the defendant stolen various cash goods owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. Each photograph/cinematographic output (including closed circuit television images), investigation report (netly nine times);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. According to the sentencing guidelines for aggravated repeated crimes Article 35 of the Criminal Act, in the case of the instant crime, the lower limit is four months for the person who is the mitigated person that the victim is not eligible for punishment, or the person who is the aggravated repeated crime of the same kind that does not correspond to the aggravation of specific crimes (a repeated crime). However, the lower limit is lower than the lower limit in consideration of the matters stipulated in Article 51 of the Criminal Act, including the fact that the Defendant is older than 70 years old

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