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(영문) 대구지방법원 2015.03.12 2014고단1525
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2014 Highest 1525] On January 29, 2014, the Defendant: (a) committed a theft by cutting off one bicycle riding device at the market price of KRW 2,00,000,00, which is kept in the bicycle storage room prior to the Seoul Northern District Library 75, Masan-ro, Daegu Northern District; and (b) on January 29, 2014.

[2014 Highest 1949]

1. On January 2, 2014, around 11:33, 2014, the Defendant: (a) committed larceny, leading the Defendant to a hived bicycle bicycle in the amount equivalent to KRW 2.60,00,00 in the market price of the victim C, which was located in the 123-lane 39 bicycle storage unit, located in the center of the Daegu Northern-gu, Daegu Northern District.

2. On January 4, 2014, the Defendant: around 12:32 on January 4, 2014,: (a) cut locks filled out by bicycles in front of the department of law and the bicycle storage unit in front of the building located in the Gyeongbuk-gu, Daegu Northern University, Daegu, Daegu, 81 at the university; (b) cut the locks, which were carried out by bicycles; and (c) towed the tricheon-style bicycle in the market value of KRW 500,000,000, which is owned by the victim

Summary of Evidence

[2014 Highest 1525]

1. A protocol concerning the police interrogation of the accused;

1. B written statements;

1. Four copies of a photograph (2014 high group 1949);

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C and D;

1. Application of report on investigation (specific suspect) Acts and subordinate statutes;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are crimes Nos. 1 [Scope of Recommendation], Article 2 (General Larceny) and Article 3 of the Criminal Act for the reason of sentencing under Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of Recommendation] No. 2 of the basic area [the scope of Recommendation] [the scope of Recommendation] No. 2 of the basic area (6 to 1.6 months) of the basic area (6 months), Article 2 of the Act on the Aggravated Punishment of General Property] [the scope of Recommendation] the basic area (6 to 16 months), and Article 50 of the same Act for the punishment of multiple concurrent crimes: Six to twenty nine years [the Decision of Sentence] of the Criminal Act for the defendant has been punished five times as the punishment for larceny, despite the fact that he had again been punished five times.

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