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(영문) 서울동부지방법원 2017.06.21 2017고단1286
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On August 27, 2010, the Defendant issued a summary order of KRW 3 million as a fine for larceny at the Seoul Central District Court (Seoul Western District Court) on October 14, 2013, a summary order of KRW 500,000 as an attempted attempted larceny at the Seoul Western District Court (Seoul Western District Court) on November 27, 201, and a summary order of KRW 500,000 as an attempted larceny at the Seoul Western District Court on November 27, 2015, respectively.

[2] From August 12, 2015 to April 5, 2017, the Defendant: (a) around 00:03 on the street in Seongdong-gu Seoul, the Defendant: (b) first prepared for the victim D's 2 MTB bicycle riding unit; (c) installed an industrial cutting machine; and (d) cut off the bicycle riding unit at the victim's reported price of 600,000 won; and (d) stolen the bicycle riding unit amounting to KRW 12,780,000 from the victims on a total of 19 occasions, such as the list of crimes in attached Form 19 times from the victims to April 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim (D);

1. Investigation report (any response data on a long-time basis and any case related to the confirmation of damaged articles);

1. Application of seizure records and statutes concerning the list of seizure;

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Pronouncement of Punishment] are as follows: (a) one year and six months of imprisonment; (b) confiscation (former two years of imprisonment; (c) the following circumstances: the defendant’s age, sex, sex, family relationship, family environment; (d) motive and means of the crime; and (e) the circumstances after the crime, etc., the sentence is determined as ordered.

The favorable circumstances: A confession and reflect on each of the crimes in this case.

There is no previous conviction sentenced to a fine or more severe punishment.

Unfavorable circumstances: The crime of larceny under the same law has been committed three times, and each of the crimes of this case has been repeatedly committed despite the record of the punishment of the fine.

Lowly, stolen bicycles have been stolen in advance, and have been corrected by using industrial cutting devices in the night.

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