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(영문) 대구지방법원 2015.05.22 2014고단6158
특수절도
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

On July 8, 2014, at around 21:30 on July 21, 2014, the Defendant discovered the “Tricheon-ri” bicycle owned by the victim C along with female job offers B, and conspired to use it for B.

As a result, the Defendant, in collaboration with B, destroyed the correction device by separating the bicycle laying to rest, and then damaging the correction device, and then stolen one bicycle bicycle having a value of 180,000 won at the market price owned by the victim.

The defendant and D, for the purpose of preparing living expenses, have destroyed the guns of keyss to rest in a grave, and have taken a mind to steal bicycles.

The defendant from around 16:00 on February 25, 2013 to the same year, together with D.

3. 2. Between around 16:30, the victim E, a victim E-owned at the Sinsannam University bicycle storage room located in the Sinsan-si, Sinsan-si, thefted one bicycle riding unit by means of destroying the guns of keys by laying the 190,000 won, and theftd the bicycle totaling at least KRW 5.80,00,000 through three times, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Each police suspect interrogation protocol concerning B and D;

1. Statement to C by the police;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes to photographs, reports on occurrence of theft (thief (not more than 345 pages of investigation records, No. 47306 of 2014), reports on occurrence of larceny cases (not more than 719 pages of the same investigation records), and reports on occurrence of larceny cases (not more than 765 pages of the same investigation records) at the time of the detection of bicycles;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is 1.

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