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(영문) 서울남부지방법원 2015.08.17 2015고단2503

절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

One cut machine (No. 2) seized shall be confiscated from the accused.

Reasons

Criminal facts

[Criminal Power] The Defendant was sentenced to a suspended sentence of four months on March 25, 2015, for the crime of causing property damage in the Busan District Court’s Branch Branch, and was sentenced to a suspended sentence of one year on April 2, 2015, which became final and conclusive on April 2, 2015.

【Criminal Facts】

1. On May 15, 2015, from around 09:00 to around 12:00, the Defendant: (a) on the front side of “E building” located in Yeongdeungpo-gu Seoul Metropolitan Government D; (b) on the front side, the Victim C, who was installed in the bicycle c with a locking device at the front wheel and installed in the same place, cut off one bicycle string at the level of KRW 50,00 (PASCA) at the market price of the Victim C owned by the victim, with a lock device at a level of KRW 50,00,000 from the front wheel of the bicycle, and cut off the bicycle.

2. The Defendant stolen a bicycle, as described in paragraph 1, in which the victim’s name cannot be identified, and then purchased a cutting machine at the construction section shop in which it does not appear in mind, and steals another bicycle by using it.

On May 15, 2015, around 12:10 on May 12:10, 2015, the Defendant was placed in a certified plastic bag, where the victim owned by the Defendant, who was bound by locking the lock signal, etc. around the restaurant in Yeongdeungpo-gu Seoul Metropolitan Government, left a bicycle (GIVIT) with a hand and deducted the locking device from the locking machine (Evidence 2) and was in possession of the locking device, and went to rest with the word “Dohhhhhhhhhhhhhhh from a person who was in his possession, to cut the locking device of the bicycle.”

As a result, the defendant stolen a bicycle, which is a property of the victim who could not know his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Each statement of H and C;

1. Police seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (pre-trial records);

1. Article 329 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation.