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(영문) 서울북부지방법원 2016.06.02 2016고단614

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. On January 22, 2016, the Defendant at around 21:00, the Seoul Dongdaemun-gu Seoul Metropolitan Government bicycle storage stand owned by the victim E.

Recognizing that 500 bicycles were installed in the MTB Big Range, cutting the corrective device in advance to a cuter prepared, and cutting this, the victim's market price was 1,200,000 won.

B. On February 2, 2016, around 20:20, the Defendant discovered that the Defendant was installed with the first floor of the F commercial housing in Dongdaemun-gu Seoul Metropolitan Government, the first floor of which was the victim C, cut the corrective device in advance to a preparatory cutting machine, cut the bicycle in an amount equivalent to KRW 1.6 million in the market price owned by the victim.

2. On February 17, 2016, the Defendant attempted to larceny: (a) discovered that the victim H’s market value at the front side of Dongdaemun-gu Seoul Metropolitan Government (50,000,000 won) was installed with a locking device, and (b) attempted to divide the locking device’s number into a locking device’s random to steal it; and (c) was arrested on the spot and attempted to commit a theft to the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Statement made by the police with H;

1. Police seizure records;

1. Each written statement E and C;

1. Photographs of seized articles;

1. Photographs of thief products;

1. Application of each CCTV video (No. 12 and 19) statute;

1. Relevant Article 329 of the Criminal Act, Articles 342, 329 of the Criminal Act, and Article 329 of the choice of punishment against the crime (the point of attempted larceny), and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 32 subparag. 3 and Article 25 subparag. 3(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable to issue an order for compensation).