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(영문) 서울남부지방법원 2020.10.23 2020고단3706
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

1. On April 8, 2020, the Defendant, around 13:30 on April 8, 2020, discovered 300,000 won of the market price owned by the victim C (manam and 60 years of age) who was installed with locking devices on the front side of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and led to the destruction of locking devices.

Accordingly, the defendant stolen the victim's property.

2. On May 18, 2020, the Defendant committed the crime of May 18, 2020, around 13:52, 2020, 200: (a) on the front side of the D Apartment E-dong, Yangcheon-gu Seoul Metropolitan Government (n, 46 years of age) around 100,000, the victim F (n, the victim F) was set up and set up for delivery, with a gap in the market price of the victim’s possession, equivalent to the amount of KRW 1,00,000,000, the value of the electric bicycle connected to the bicycle and the amount of KRW 2,00,00

Accordingly, the defendant stolen the victim's property equivalent to 1.2 million won in total of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in C and F;

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTV), and to report internal investigation (D apartment CCTV verification);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On April 2020, the Defendant again committed each of the instant crimes even though he/she was punished by a fine on five occasions by repeatedly cutting bicycles, kickboards, etc. on the grounds of probation and community service order Article 62-2 of the Criminal Act.

The damage was not recovered at all.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by comprehensively taking into account the fact that the value of the damaged goods is not significant, the defendant's mistake is recognized, and the defendant's age, character, environment

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