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(영문) 인천지방법원 부천지원 2019.05.29 2019고단1116
절도
Text

A person shall be punished by imprisonment with prison labor for two months with prison labor for the crime No. 1 of the judgment of the defendant and for four months with prison labor for the crime No. 2.

Reasons

Punishment of the crime

On August 25, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor for the crime of intrusion upon a structure, or for larceny at the Incheon District Court on September 2, 2017, and the said judgment became final and conclusive on September 2, 2017, and completed the execution of the sentence on October 12, 2017.

1. On January 14, 2016, around 14:13, 2016, the Defendant: (a) committed a theft with one knife M35 bicycle at the market price of the victim’s possession who was installed and installed with the victim’s correction device in front of his/her residence in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) committed a theft with one knife M35 bicycle.

2. On July 13, 2018, around 16:28, the Defendant: (a) committed a theft with 450,000,000 Won-ri XRS 16 bicycle 1, the market price of the victim’s possession, where the victim was installed, was at least 450,000,000 won in front of his/her residence in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

3. On November 19, 2018, from around 14:06 to 14:14 of the same day, the Defendant: (a) committed theft by means of changing the victim’s possession of one bicycle with the Defendant’s bicycle in the Round test, which is equivalent to KRW 3.10,00,00 in the market price of the victim’s possession, from around W apartment in Bupyeong-gu, Incheon to around 14:14:14 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police seizure record and the list of seizure;

1. A written statement of X, T, and V;

1. Photographs of each CCTV location and each field photograph, such as a closure photograph, on-site identification report, gene appraisal report, etc., the closure of each CCTV location and each field photograph, with the location of occurrence and CCTV image data;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and the application of Acts and subordinate statutes on the personal accommodation status;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, the crime of this case for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed before the judgment of the defendant who has many records of punishment for the same kind of crime becomes final and conclusive.

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