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(영문) 서울동부지방법원 2016.09.22 2016고단2420

특수절도

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

The Defendants prepared to commit a crime that is necessary to cancel the bicycle correction device in advance, set up a house price, apartment house, bicycle storage room, etc. in human life at a four-dimensional time, and filled up another's bicycle, and conspired to divide the money by means of direct trade through the Internet, and then sell it through direct trade through the Internet.

On March 2016, the Defendants came to a bicycle storage station in front of the village located in 1369 as the second half of the Gangdong-gu Seoul, Gangdong-gu, and found the victim’s name and the non-speaked bicycle at the market price of KRW 500,000,00, and Defendant B reported the network from the side, and Defendant A cancelled the locking device by using the above niferer, and led to the cancellation of the locking device.

In addition, the Defendants, as seen above, stolen bicycles worth KRW 5,200,000, totaling 1200,000, from around May 6, 2016, as shown in the list of offenses, from the time of recruitment and integration, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of C, D, E, F, G, and H;

1. Each protocol of seizure (voluntary submission), list, and photograph;

1. Application of Acts and subordinate statutes on site photographs;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. Defendants on probation: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendants of the community service order: Article 62-2 of the Criminal Act;

1. Defendant A: Article 48(1)1 of the Criminal Act;

1. Defendant A who has delivered a victim: Reasons for sentencing under Articles 333 (2) and 333 (1) of the Criminal Procedure Act;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for not less than 10 months to 2 years, theft against general property shall be classified into two types (general larceny).