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(영문) 서울동부지방법원 2019.02.15 2018고단4069

절도

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. 피고인은 2018. 10. 12. 18:20경 서울 동대문구 B 앞길에서, 피해자 C이 잠시 세워둔 피해자 소유인 시가 200,000원 상당의 블랙잭 터미네이터 자전거 1대를 가져갔다.

Accordingly, the defendant stolen the victim's property.

2. 피고인은 2018. 10. 12. 23:05경 서울 광진구 D에 있는 연립주택 주차장에서, 피해자 E이 잠금장치를 하고 세워둔 피해자 소유인 시가 1,000,000원 상당의 첼로CR-500 자전거 1대를 잠금장치를 풀고 가져갔다.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. Reports on internal investigation (including statements made by the victim concerned with the date and time of theft of bicycles), investigation reports (in relation toCCTV investigation-suspects' crimes committed), investigation reports (report on temporary review of crimes), investigation reports (report on the confirmation of video CDs);

1. Reading photographs of CCTV images;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 (Aggravation of concurrent crimes with punishment prescribed in paragraph (2) of the same Article which is heavier than punishment) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Aggravation of the recommended punishment according to the sentencing guidelines (decision of type of punishment), thief group, thief for general property, thief for general property (special thief for a person): Where punishment is not granted or damage is recovered (general stief): In cases of aggravation of aggravated punishment (general stief): In cases of the same criminal and mitigation of punishment that do not correspond to repeated crimes: In cases of the area of mitigation of punishment: Not more than 6 months: Imprisonment;

2. The decision of sentence (unfavorable circumstances) was made for the same crime and re-offending during the period of suspension of execution even though the sentence was served for the same crime;