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(영문) 대구지방법원 2021.01.27 2020고단5825
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 14, 2020, around 00:47, the Defendant came to a bicycle storage room in front of the apartment apartment B Dong Dong in Busan Metropolitan City, B, and discovered one of the bicycle storage installed with a correction device with the victim D locked, cut the above lock device using a tool prepared in advance, and cut off the above lock device with the victim’s market price of KRW 400,000,000.

2. On October 29, 2020, the Defendant: (a) around 01:43, around 01:43, at the PC storage room located in Busan Metropolitan City E; (b) discovered one color bicycle with no corrective device installed by the victim F; and (c) stolen property worth KRW 100,000 at the market price owned by the victim.

3. On November 4, 2020, at around 02:00, the Defendant came to a bicycle storage place prior to the convenience store located G in Busan Metropolitan City, G, and the Defendant cut off the locking device, which was installed with corrective devices on the rear wheels of the bicycle, and cut off the locking device in advance, and cut off the 250,000 won at the market price owned by the victim.

Accordingly, the defendant stolen the victims' property amounting to 750,000 won in total on three occasions.

Summary of Evidence

1. Each statement of the defendant D, and F, written by the defendant;

1. Application of Acts and subordinate statutes concerning reports on occurrence, internal investigation reports, reports on investigation and seizure records, and on-site photographs of the seized list;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to six years;

2. The scope of recommended punishment according to the sentencing guidelines [the type of punishment]; thief [the type No. 2] general larceny [the territory of recommendation and the scope of punishment]; the basic area of recommendation; 6 months to one year and six months;

3. Determination of sentence: The following circumstances and the defendant:

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