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(영문) 대구지방법원 2018.05.10 2018고단882

절도등

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Records] On January 12, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Daegu District Court on February 1, 2018 and the judgment became final and conclusive on February 1, 2018.

[Criminal facts]

1. On November 12, 2017, around 21:00, the Defendant: (a) removed four bicycles installed in a bicycle storage near the subway stations located in the city of Busan, a university near the subway stations; (b) removed four bicycles owned by the victim; and (c) cut off two locks that were infected by bicycle hand.

2. On November 12, 2017, around 22:55, the Defendant attempted to thief, who was established in a bicycle storage in front of the building at the Yong-Namnam University Start-up Care Center established at the university in Busan-si, a university in Busan-si, about 292, attempted to bring locks, ESD, etc. from the bicycles owned by the victims, but attempted to do so with locks, ESD, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A criminal investigation report (to attach photographs of cell phone images on the criminal scene of the suspect);

1. A protocol of seizure and a list of seizure;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (reports attached to such previous decisions, etc.) and application of Acts and subordinate statutes to investigation reports (Attachment to the current status of personal confinement);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 342 of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The latter part of Article 39 (1) of the Exempted Criminal Act (the confession, reflectiveness, the fact that the defendant is in a position of Grade ゲ with intellectual disability, and the crime of this case and the crime of this case which became final and conclusive at the same time, shall be considered in consideration of equity with the case where a judgment of six months with respect