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(영문) 대구지방법원 2019.02.14 2018고단5367

절도

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 5367] At around 09:40 to 10:50 on November 2, 2018, the Defendant stolen the total amount of 17,067,00 won of the market price owned by the victims on 24 occasions, as shown in the attached Table 1, between September 25, 2018 and November 10, 2018, including the following: (a) the Defendant, using the key of the victim E, and his key, was replaced by the key of the victim E, using the key of the victim E, and by using the key of the victim; and (b) the cash amount of KRW 200,000,000, which includes a credit card.

[2018 Highest 5495] On August 17, 2018, the Defendant stolen the victims’ property on a total of 12 occasions, as indicated in the annexed Table 2, from that time until September 17, 2018, at the bicycle storage room located in front of the building of Daegu Jung-gu, Daegu, with no locking device, on the market price in which the victim was installed and installed without locking the locking device.

Summary of Evidence

[2018 Highest 5367]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement concerning G, H, I, J, K, and L;

1. Each written statement of M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AAB, and AC;

1. Each protocol of seizure;

1. Each photograph (2018 Highest 5495);

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, AD, and AE;

1. The police statement concerning AF;

1. Each written statement of AG, AH, AI, AJ, AJ, K, AL, AMN, AO, and AP;

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

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

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

1. The reason for sentencing under Article 333(1) of the Criminal Procedure Act for return is that the defendant stealss the clothes of another person in a bath through 24 times, and steals bicycles over 12 times. The defendant committed a crime repeatedly and repeatedly within a short period.