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(영문) 서울중앙지방법원 2019.05.28 2018고단8752

절도

Text

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

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

Reasons

Punishment of the crime

On February 1, 2018, at around 04:19, the Defendant: (a) discovered and dismantled the password of the bicycle with the market price of KRW 2.8 million owned by the said victim, which was set up in the Defendant’s bicycle storage room located in the Southern-gu, Seoul Special Metropolitan City, 1717, the Southern-gu, Seoul Special Metropolitan City, for a total of KRW 7,90,000,000, including taking the bicycle, from September 15, 2018, the Defendant stolen the Defendant’s bicycle total of KRW 12,00,00,000 from September 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (field investigation and CCTV analysis), a report on investigation (survey of CCTV images on the victim's statements and on-site CCTV images), a report on investigation (survey of the same line), a report on investigation (CCTV investigation) and a report on internal investigation;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

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

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(b) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (one-half to nine months of the upper limit of the second crime).

3. Determination of sentence: Imprisonment with prison labor for eight months, two years of suspended sentence, and conditions unfavorable to community service order 120 hours: The defendant has committed each of the instant crimes repeatedly over a considerable period of time.

In favorable circumstances: The amount of damage caused by each of the crimes in this case is not much than the number of crimes in total to KRW 7.99,000.

One half of the damaged goods is the amount.