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(영문) 서울동부지방법원 2017.07.20 2017고단1775
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) on December 26, 2016, and completed the execution of the sentence at the Sungdong detention center.

1. On May 31, 2017, between around 09:57 and 10:09, the Defendant discovered one set of 3,50,000 Ampia bicycle at a bicycle storage facility located front of the south of gallon, Gwangjin-gu, Seoul Special Metropolitan City, for the purpose of printing stolen bicycles at a bicycle storage facility located front of the south of gallonia, where the victim C’s son corrected it as a number lock and parked at that facility, and the victim’s son’s son was the victim’s possession.

Defendant: (a) revoked the above bicycle lock in a way that the part of the lock locking device was cut down and the remainder was knicked in hand; and (b) cut off the above bicycle with the bicycle.

2. On June 5, 2017, at around 15:00, the Defendant discovered one bicycle of 700 Woo-dong, Gwangjin-gu, Seoul Special Metropolitan City, 120 Gabdong-ro, which stolen bicycles at the bicycle storage facility adjacent to the Dobro-ro, Seo-do, and parked by the victim D with a number locks, which is the victim’s possession.

Defendant revoked the correction device of the above bicycle in the same manner as described in paragraph 1, and the above bicycle was stolen with the above bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement C and D;

1. A protocol of seizure and a list of seizure;

1. Photographss of damaged articles, CCTV photographs, and bicycle photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of previous convictions and relationship), text of judgment, and the current status of personal expropriation;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime. Article 329 (Selection of Imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The first crime applicable to the sentencing criteria (the scope of recommendations) shall be the theft of general property;

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