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(영문) 인천지방법원 부천지원 2020.04.07 2019고단4540
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

"2019 Highest 4540"

1. On September 23, 2019, Defendant A: (a) around 15:14, Defendant A stolen the victim’s thief, who was installed without correcting any gaps in the surrounding surveillance in a flag parking lot in Bupyeong-si, Seocheon-si; (b) on September 23, 2019, Defendant A stolen the victim’s 400,000 tons of a black bicycle with the face value of KRW 400,000.

2. At around October 14:30 on October 5, 2019, the Defendants discovered one electric bicycle at the victim C’s market price, which was installed without correcting any gaps in the surrounding surveillance in the lending parking lot located in Seocheon-si, Gyeonggi-si, Gyeonggi-do, and then sold it and sold it to the end to consume it for consumption for living expenses, etc.

As a result, the defendants stolen the victim's property together.

"200 Highest 41"

3. On September 22, 2019, Defendant A: (a) around 21:16, 201, Defendant A: (b) deducted the total amount of KRW 40,000 in cash amounting to KRW 40,00 ( KRW 3,5,000, USD 2, USD 1,000, USD 1,000) of the cash amount on the part of the victim F, which was located on the automatic cash withdrawal machine at the subsidiary branch of a corporate bank located in Seocheon-si, Seocheon-si, 708.

Summary of Evidence

[2019 Highest 4540]

1. Defendants’ respective legal statements

1. Each statement;

1. Records of seizure and the list of seizure;

1. Each CCTV photograph data (2020 order 41);

1. Defendant A’s legal statement

1. A written statement;

1. Application of Acts and subordinate statutes on the internal investigation report (CCTV analysis);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 329 of the Criminal Act (a) and Article 331(2) and (1) of the Criminal Act (a point of theft and imprisonment with labor), respectively;

B. Defendant B: Article 331(2) and (1) of the Criminal Act

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation.

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