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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3273
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2015, the Defendant: (a) discovered a bicycle set up in the nameless victim of the Seo-gu 1703, Seo-gu, U.S. bicycle c apartment building 1703, Seo-gu, Busan, Seo-gu, Seoyang-gu, Seoul, with a key; (b) cut the key to the cut string that he possessed in advance and cut off one bicycle brid at the market price; and (c) cut off the bicycle by the same method over 10 times from around that time to November 3, 2015, as shown in the list of crimes committed in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police for E;

1. Each statement;

1. Each protocol of seizure, each list of seizure, Dmermo book, investigation report (the suspicion of additional crimes committed by a suspect, verification on the scene of bicycle theft, etc.);

1. Application of the statutes to the scene of the crime of theft of additional bicycles, such as a damaged bicycle photograph, CCTV image data at the scene of the case, CCTV screen pictures with the suspect's appearance taken;

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

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. The reason for sentencing under Article 48(1)1 of the Criminal Act, including the period and frequency of the instant crime, time, place, etc., shall be deemed to be minor in light of the nature of the crime;

shall not be deemed to exist.

However, the defendant still shows his age, confessions all crimes, and misunderstandings.

7 out of 10 bicycles were recovered.

There is no record of criminal punishment in addition to juvenile protective disposition of different species once.

In full view of the above circumstances and the sentencing conditions, such as character and conduct, environment, academic background, career, family relationship, motive and background of the crime, details of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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