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(영문) 서울서부지방법원 2019.05.15 2018고단4061

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 9, 2018, from around 01:30 to 03:30 on September 9, 2018, the Defendant: (a) cut down a bicycle’s correction device stored at the same place with a hacksaw that he prepared a gap in which the surrounding surveillance is neglected in a bicycle storage facility located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) brought about a bicycle’s correction device in his hand; or (c) brought about a bicycle without a correction device by being sealed by hand, the Defendant stolen a bicycle of 11 in total, as described in the list of crimes in the attached Form C, of the victim’s market price.

At around 05:00 on November 6, 2018, the Defendant: (a) took advantage of the gap in which the victim E is situated in the nearby vacant lots in Yancheon-gu D, Seoul Special Metropolitan City on November 6, 2018, resulting in theft of property equivalent to KRW 80,000,000 in total, such as 30,000, 20,000, 20,000, 30,000,000, in the market price of the victim’s possession.

Summary of Evidence

"2018 Highest 4061"

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Protocol of seizure dated September 12, 2018 (with respect to subparagraphs 1 and 6 temporarily returned)

1. Investigation report (CCTV investigation);

1. Photographs of damaged articles;

1. "An existing evidence of seizure" referred to in subparagraphs 2 through 5, 7 through 11 of the same Article;

1. Defendant's legal statement;

1. Police statements of E;

1. Reports on internal investigation (related to addition and recovery of damaged articles);

1. Investigation report (to hear statements from the victim E phone, to attach a theft photograph, etc.);

1. Application of the photographic Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the applicable criminal facts and the choice of fines;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

1. The criminal facts of the sentencing of Article 334(1) of the Criminal Procedure Act are stated in the judgment of the defendant.