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(영문) 수원지방법원 2014.06.20 2014고단1872

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

The victim shall be one bicycle seized (the District Prosecutors' Office 2014No. 1110).

Reasons

Criminal facts

1. On April 10, 2014, around 19:00, the Defendant discovered that a bicycle was installed without the victim’s name-unclaimed ton of a bicycle owned by the victim’s passenger, in the street near the “a serieszkcheon-dong 712-3, Youngcheon-dong,” and stolen the bicycle, where the market price is unknown, on the ground that the bicycle was destroyed by the victim’s bicycle.

2. At around 00:40 on April 11, 2014, the Defendant: (a) discovered that the victim E (the 57-year-old age) blicked a hand bag on his hand while getting on and off a stolen bicycle, as set forth in paragraph (1) on the street in front of the “D” located in Young-si, Young-si; and (b) stolen the handbag that contains cash 77,000 won owned by the victim following the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each written statement of E, G, and F;

1. Application of Acts and subordinate statutes on seizure records;

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

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

1. For the reason of sentencing of Article 333(1) of the Victim Return Criminal Procedure Act for the sentencing of Article 333(1) of the Criminal Procedure Act, the scope of final sentence due to the mitigation area (one to six months of imprisonment), mitigation area (one to one year of imprisonment) (one year of imprisonment), mitigation area (one to one year of imprisonment), etc. of general property (one-one year of imprisonment) of Type 3 (one-one year of imprisonment) of mitigation area of general property (one-one-one year of imprisonment) of mitigation area (one-one-one year of imprisonment): The defendant goes against the sentence of six months to four months (one year of imprisonment] of imprisonment; the bicycle was seized among damaged articles; the handbag and its contents were immediately returned to the victim immediately after the crime; and the defendant committed the crime of Article 2 of the judgment that the defendant committed the living expenses. Such circumstances can be considered.

However, while getting a bicycle on the street, the handbags of the players.