beta
(영문) 춘천지방법원 강릉지원 2019.02.12 2018고단1113

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

B, around 12:20 on August 15, 2018, in front of a toilet located in a park located in Samcheon-si 8, an executive officer, and found one bicycle set up in the amount of KRW 180,00,00 at the market price of the victim C owned by the victim, which was corrected at the park, and later, B used the bicycle as a bicycle between the Defendant and the Defendant’s view of the network in the surrounding area, and later, the Defendant moved the bicycle to the lower seat of the Dri-ri vehicle owned by the Defendant, which was parked around 12:20.

As a result, Defendant and B stolen one bicycle owned by the victim jointly.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Related photographs;

1. Application of Acts and subordinate statutes to CDs for internal investigation reports, related photographs, and CCTV images reproduction;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined by taking into account the following circumstances: the Defendant’s confession of the reason for sentencing under Article 62-2 of the Social Service Order Act; the primary offender; the Defendant’s age, character and conduct, environment; the motive and consequence of the offense; and the circumstances of sentencing as shown in the present pleadings.