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(영문) 수원지방법원 여주지원 2019.10.23 2019고단619

절도등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 28, 2019, at the entrance of “Csing room” located in Singing-B, the Defendant discovered one set of MTB bicycle owned by the victim and then stolen the gap caused by negligence in the surrounding surveillance. In addition, at the entrance of “Csing room” located in Sing-B, the Defendant: (a) discovered one set of bicycles owned by the victim, the market price of which is equivalent to KRW 1,90,000,000; and (b) destroyed the gap.

2. On May 29, 2019, at around 09:11, the Defendant: (a) opened a entrance that had not been corrected in front of the “G” health room managed by the victim F of the victim F of E in Innju-si; (b) intruded into the health room; and (c) opened a crepan in another new crepan, which was kept in the new crepan, the victim’s crepane’s market value of KRW 69,000,000, the victim’s f9,000, the victim’s f9,000, the victim’s self-owned market value of KRW 269,00,000, the victim’s 100,000,000, 100,000, 10,000, 10,000, 10,000, 30,000, 20.

Accordingly, the defendant stolen the property owned by others by intrusion on the structure managed by others.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, H, I, J, K, and D;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Investigative reports, data from the enemy, data from residents' inquiry, etc. (A);

1. All on-site photographs and the analysis photographs of CCTV;

1. Specific photographs of the suspect's boarding vehicle;

1. Application of Acts and subordinate statutes to photographs of each damaged article;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 (1) and (2) of the Medical Treatment and Custody Act;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. The types of recommendations according to the sentencing criteria.