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(영문) 수원지방법원 2018.10.11 2017고단3182 (1)
특수절도
Text

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

Reasons

Punishment of the crime

The defendant and B conspired to steal bicycles that are built in apartment complexes among foreigners of Russia nationality.

On March 8, 2017, around 20:55, the Defendant and B stolen two bicycles in the market price in which the victim’s name was not known at the apartment bicycle storage unit of the C apartment apartment, and in which the victim’s market price was not known, one and one, respectively.

The Defendant and B continuously discovered one F bicycle at the victim E’s market price equivalent to KRW 2.60,00,000, which was owned by the victim E, while getting on and off two bicycles that they stolen as above, and then, the Defendant and B cut off the locking device in an irregular manner, and the Defendant and the bicycle were stolen by getting on and off the bicycle.

Accordingly, the defendant and B stolen three bicycles owned by the victims jointly.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police for E;

1. A report on internal investigation:

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (including damage recovery or a minor point, and a point that has no record of being punished in the Republic of Korea);

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