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(영문) 대구지방법원 2019.07.17 2019고단1529

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The seized cathocles (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

On May 10, 2018, the Defendant was sentenced to five months of imprisonment with prison labor for larceny at the Daegu District Court on August 15, 2018 and completed the execution of the sentence at the port prison on August 15, 2018. On January 24, 2019, the same court was sentenced to four months of imprisonment with prison labor for obscenity as a public performance and became final and conclusive on May 1, 2019.

1. Larceny;

A. On October 4, 2018, the Defendant: (a) separated a bicycle’s tubes, rear-scams, and LED lamps installed by the victim at a bicycle storage facility in Seogu, Daegu, from a bicycle storage facility; and (b) cut off the bicycle with it.

B. On October 19, 2018, around 19:20 on October 19, 2018, the Defendant separated the tubes of the bicycle installed by the victim E from the te at the same place, and cut off the same.

C. On October 23, 2018, around 19:10 on October 23, 2018, the Defendant separated the tubes of bicycles installed by the victim F at the same place and stolen them. D.

On October 30, 2018, around 19:35, the Defendant: (a) separated the tubes and bicycles installed by the victim G and the physically handicapped at the same place; and (b) stolen them.

Accordingly, the defendant stolen the victims' property four times.

2. On November 13, 2018, the Defendant was discovered to C security personnel, among the victims, who were set up in the same place at the same time and kept separate bicycle labels.

Accordingly, the defendant tried to steal the victim's property and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement related H;

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

1. 112 reported case handling lists and the current status of damage from bicycles;

1. Each photograph: Sylene and each CCTV image extracted;

1. Police seizure records;

1. Existing presence under subparagraph 1 of this Article;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, prosecution investigation reports, and reporting of repeated crimes;

1. Article applicable to criminal facts;

(a) Each theft: Article 329 of the Criminal Act;

B. The attempted theft: Articles 342 and 329 of the Criminal Act.