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(영문) 대구지방법원 2013.10.11 2013고단3130

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

[200 on January 3, 2013, at around 15:00, the Defendant: (a) discovered a white slid bicycle in the market value equivalent to KRW 300,000,00,000, which is owned by the victim’s name, in the vicinity of the Dongcheon-gu New-dong, Daegu-gu, Daegu-gu underground street zone; (b) stolen a bicycle from the cresh in the absence of the victim with a lock and bringing the bicycle to his hand; and (c) then, during the period from around that time to February 16, 2013, the Defendant stolen 16 bicycles with a total of KRW 4,150,00,000 in market value over 16 times, as indicated in the list of crimes.

[2013dan4915] On October 2012, 2012, the Defendant cut off the bicycle’s correction device in advance to a cuter with the victim’s market price equivalent to KRW 100,000,00,000, which was corrected in front of the department store by the victim’s failure to monitor another person, and cut off the bicycle’s correction device.

Summary of Evidence

[2013 Highest 3130]

1. Defendant's legal statement;

1. Each police statement of C;

1. Each written statement of D;

1. Each police seizure record and the list of seizure;

1. Investigation report (Attachment of photographs of seized articles);

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the date and time, confirmation of place of crime and non-verification of victims);

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents his wrong, the fact that there is no same kind of power beyond the fine, and the fact that the 12 bicycles have been seized);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return;