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(영문) 대구지방법원 2016.06.24 2016고단1394
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

From around 02:00 to around 03:00 on August 28, 2015, the Defendant: (a) cut a locked with one set of ELmmar bicycle in the possession price of the Defendant, which was corrected by the damaged 102 unit of the old-si apartment 102, the Defendant, from around 02:00, who was unable to know the name on the first floor of the old-si apartment 102; and (b) stolen the Defendant from November 29, 2015, at a total of 13 times, bicycles worth KRW 7,210,000 in total as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Each statement of G, H, I, J, K, L, and D;

1. The application of Acts and subordinate statutes to each seizure protocol and list, damaged articles photograph, investigation report (verification at 16 places at the scene of the crime, photograph of the criminal tool, each occurrence report (thief), photograph of each scene of the bicycle theft, photograph of each scene of the crime, photograph of each scene of the crime, report on internal investigation (as to the CCTV images, etc. involved in this case), each photograph, report on internal investigation (as to the statement of the victim), report on internal investigation (as to the statement of the victim), report on internal investigation (as to the statement of the victim), report on internal investigation (as to the statement of the victim), report on internal investigation (as to the statement of the victim), each report on internal investigation (as to the statement of the victim), report on internal investigation (as to the statement of the victim), report on internal investigation (as to

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of each recommendations] / [the scope of punishment for each recommendation / [the scope of general larceny] 2 types (4 months to 10 months) in the mitigation area (4 months to 10 months) in general property / [the scope of the final sentence due to the aggravation of multiple crimes / [the scope of the final sentence due to the aggravation of multiple crimes] 4 months to 1 year and 10 days in total, and some damage was not recovered.

However, the defendant's mistake, the first offender, and the living crime.

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