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(영문) 광주지방법원 목포지원 2017.02.10 2015고단1737

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On November 29, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for special larceny, etc. in the wooden Branch of the Gwangju District Court, and completed the execution of the said sentence on April 2, 2014.

[Criminal facts]

1. On November 16, 2015, Defendant 1737 found bicycles corrected at a bicycle storage facility installed in the square of the wooden field located in Sinpo-ro 88, Sinpo-ro, Sinpo-ro, 14:10 on November 16, 2015, and had in advance a lock, which was filled with a bicycle wheels using a monst mons and a net straw, and then lost one bicycle with a market price of KRW 100,000,000, which is the market price of the injured Party C in Sinpo-ro, Sinpo-si, Sinpo-si, 14:10,000, and two bicycles with a market price of the injured Party.

Accordingly, the defendant stolen three bicycles of victims.

2. On December 11, 2016 from around 16:30 to 17:05, Defendant 2: (a) dismantled C in front of Mapopo-si; (b) dismantled C with approximately 2600,000 square meters of the market price owned by the victim Mapo-si using a construction tool, such as pentum, and dismantled her pentle with approximately 20 meters of “the iron-satis-satis-satis-satis-satis-satis-satis-satis-satis-satis-sat-satis-satis-satis-satis

Summary of Evidence

[2015 Highest 1737]

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Photographs (fields, etc.), and a seizure report (2016 high group 1708);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site photographs and estimates of damaged articles (before judgment - During the list of evidence 1737 high group of 2015 high group of evidence);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history, (A), investigation report (Attachment to judgment, acceptance, etc.);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the confession and reflection of the instant crime; (b) the amount of the damaged goods; and (c) some of the damaged goods were returned to the victims; and (d) the same crime is committed several times.