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(영문) 수원지방법원 안산지원 2013.04.12 2012고단1839
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant of "2012 Highest 1839" knew that bicycles in public places, such as subway stations, were negligent in monitoring, and steals them, and sold them on the water, and thought that he gets frightening and cutting down money.

On May 6, 2012, at around 14:25, the Defendant arbitrarily returned the locks number of the bicycles kept by the victim B at the bicycle storage room in front of 1734 Emart, Emba-dong, 1734, Emba-dong, Embari-dong, and stolen one bicycle, the market price of which is equivalent to 650,000 won owned by the victim of the unlocked.

From that point to August 1, 2012, the Defendant stolen bicycles over a total of eight times from that point of view, such as the list of offenses, in a bicycle storage room, etc. from that point of view to August 1, 2012.

around 08:27 September 16, 2012, the Defendant arbitrarily returned the bicycle locks number kept by the victim C at a bicycle storage room located near the entrance No. 876-207, Sinri-si, Sinri-si, 876-207, and then cut off one bicycle, the market price of which is equivalent to 250,000 won owned by the victim of the pool.

Summary of Evidence

"2012 Highest 1839"

1. Defendant's legal statement;

1. Written statements in D, E, and B;

1. Photographs of each scene of crime;

1. Records of seizure and the list of seizure "2012 Highest 1988";

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. 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. In light of the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Defendant may be punished with severe punishment, considering the fact that Defendant repeatedly committed each of the instant crimes on several occasions, and the victims did not recover from damage.

However, the defendant reflects his mistake, there is no criminal record, and the motive for the crime of this case.

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