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(영문) 서울서부지방법원 2020.02.28 2019고단4454
절도
Text

A defendant shall be punished by imprisonment for 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

around August 19:12, 2019, the Defendant: from around 19:0 on June 3, 2019 to around 19:00, as shown in the list of crimes in the annexed sheet, the Defendant, at the subway Station No. 6 of the subway Station No. 190, the subway Station No. 6, the subway Station No. 190, which was installed without a locking device by the victim B, stolen bicycles equivalent to KRW 1.50,00,000 at the market price.

8. From 22:25 up to 22:25 on a 11-time basis, a bicycle 11,520,000 won in total, was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. B, C, D, E, F, G, H, I, J, K, and L written police statements (victims);

1. Each report on internal investigation (verification of the scene of a crime, the verification of CCTV around the scene of the crime, the verification of damaged goods, and the investigation of CCTV at the scene of the occurrence);

1. Each investigation report (M'M's CCTV confirmation, suspect's confirmation of the details of bicycle disposal, posting a notice prepared by the suspect on Nbp, N- search, seizure and verification warrant, execution and reply, confirmation of the financial transaction details of the bicycle disposal deposit received by the suspect, bicycle submitted by the suspect, receipt number No. 2019-14277, confirmation of the crime committed by the suspect A as a suspect of the theft incident No. 2019-14277, confirmation of CCTV for crime prevention, No. 621 of CCTV for crime prevention, and confirmation of CCTV for crime scene);

1. Application of Acts and subordinate statutes to the records of seizure;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny against Lane of the largest offender);

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

1. It is difficult to view that the number of larceny offenses as indicated in the reasoning of sentencing in Article 62-2 of the Social Service Order Criminal Act has interviewed and interviewed, the number of offenses is very high, and the amount of damage is less than the amount.

However, there are favorable circumstances such as the defendant's confession of his crime, the fact that there is no criminal record against the defendant, and the fact that there is an agreement with some victims.

In addition, the defendant's age, character and conduct, environment, family relationship, and motive for the crime.

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