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창원지방법원 2019.08.14 2019고단1584

절도

Text

A defendant shall be punished by imprisonment for four 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

Around 05:48 on May 7, 2019, the Defendant: (a) around C Exclusive Complex in Kimhae-si B, and (b) on the part of the victim D, a bicycle parked without a locking device, and (c) on the part of the victim D, by using a gap where surveillance around the bicycle was neglected, the Defendant committed a theft of the bicycle amounting to KRW 100,000,000 at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on bicycle photographs;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, a punishment as ordered shall be determined by taking into account all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant has a record of punishment for a fine four times due to the same crime, and is likely to cause a thiefe, etc.; the defendant seems to have committed a mistake and be against the defendant; the amount of damage is not large; the damaged goods have been returned to the victim; and there is no record of punishment exceeding the fine.