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(영문) 인천지방법원 부천지원 2015.10.06 2015고단2122
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 13, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for robbery, etc. at Seoul High Court on July 13, 2012, and on February 26, 2015, the Defendant was a person who completed the execution of the sentence in the Jeonju prison on February 26, 20

1. On August 13, 2015, the Defendant committed the crime of August 13, 2015, around 03:19, around 03:19, at the bus stops near the upper 2nd upstream Dong-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, and around 2, 19, the Defendant boarded a bicycle, and sees a place where the victim C was faced with a wall and cellular phone in the bus stops, he thought that the above article was stolen, cut off from the bicycle, approaching the victim, and then cut off the bicycle, 80,000 won at the market price of the victim’s possession, which is 80,000 won, and cash 50,000 won, credit cards, 1, resident registration certificates, etc., which are 290,000 won at the market price.

2. On August 16, 2015, around 03:40 on August 16, 2015, the Defendant: (a) boarded a bicycle on the front road of Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) took a place where the victim E was under the influence of alcohol and expected to sleep on the adjacent commercial building wall, with the victim’s consent, he saw the above goods by cutting off from the bicycle, and then cut off from the bicycle, 18K gold bars worth 50,000 won at the market price, which is the victim’s possession, owned by the victim.

Accordingly, the defendant stolen the victims' property twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. F building parking lot ctv photographs and investigation reports (investigation of criminal ctv verifications);

1. Application of Acts and subordinate statutes on criminal records, investigation reports (verification of the facts constituting a crime during the same criminal act as a suspect and the period of repeated offense), and personal identification;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

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