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(영문) 수원지방법원 2015.04.29 2014고단6634
특수절도등
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

1. Special larceny;

A. At around 00:30 on April 27, 2014, the Defendant: (a) reported the network; (b) destroyed lock devices using a cutting machine; (c) destroyed the lock devices; and (d) destroyed one set of bitex bicycle in the amount of KRW 800,000 at the victim’s market price.

B. On May 4, 2014, at around 21:20, the Defendant: (a) reported the network; (b) destroyed locking devices using a cutting machine; and (c) appears to be a tricheon-ri bicycle rider’s metric tons owned by the victim on his name after destroying lock devices.

One of them was stolen.

C. On May 5, 2014, at around 21:20, the Defendant: (a) reported the network; (b) destroyed locking devices using a cutting machine; and (c) appears to be a clerical error in the name of the victim in the tricheon-ri bicycle’s name.

1. A theft was committed by being towed.

As a result, the defendant stolen three bicycles together with C, for a total of three times.

2. At around November 13:19, 2013, the Defendant stolen eight bicycles, including, among others, a total of eight times, including, from the time to May 2, 2014, a bicycle storage room installed without a correction device by taking advantage of the gaps in the surrounding surveillance, the Defendant: (a) committed a theft in a brush-ro of Suwon-si, Suwon-si, Suwon-si, 206, the basic school library for the bicycle storage room; (b) committed a theft by taking advantage of the gaps in around the victim E; and (c) committed a theft of the bicycles installed without a correction device.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. A written statement of each victim;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 331 (2) and (1) of the Criminal Act (a point of concurrent larceny) concerning the facts constituting a crime and Article 329 of the Criminal Act (a point of larceny and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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