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(영문) 서울중앙지방법원 2015.10.16 2015고단4963
상습절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized cut machines (No. 1) shall be confiscated.

As seized bicycle riding, it is necessary to do so.

Reasons

Punishment of the crime

피고인은 2015. 7. 초순 오전경 서울 서초구 C아파트 불상의 동 1층 현관에서, 그곳에 세워져 있던 피해자 성명불상자 소유인 시가 87만원 상당의 첼로브리츠 105 자전거 1대를 미리 준비한 절단기로 시정장치를 자르고 가지고 갔다.

The defendant, from that time to that time,

8. Until December 13, 198, bicycles in total amounting to KRW 7,200,000 were stolen on eight occasions as shown in the list of offenses.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each statement of H, I, and J;

1. Records of seizure and the list of seizure;

1. A report on investigation (23 pages of investigation records);

1. Photographs (investigative records, 86, 87 pages), CCTV image-recording screen (investigative records, 137 pages);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing the habition of larceny in light of the method of crime, frequency of crime, and the fact that the same kind of crime is repeated several times in a planned manner;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is recognized that the reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is divided in depth by the defendant, and that the defendant has no same criminal record.

However, in light of the fact that the Defendant committed the instant crime repeatedly and repeatedly for a short period not exceeding two months, and that the method of partial commission of the instant crime is not less than that of the nature of the crime, such as cutting and theft of the correction device using the cutting device, and that the victims except the J have not recovered from damage, etc., it is inevitable to render a sentence.

In addition, the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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