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(영문) 대구지방법원 2017.12.14 2017고단6199
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2016, the Defendant: (a) discovered a bicycle riding boat located in 2105, as of the Daegu Jung-gu, Daegu, Daegu, 200, the victim D’s market price of 2 million won; (b) cut off a bicycle locker using a cutting machine; (c) cut off the bicycle locker; and (d) cut off the bicycle from around September 15, 2017, and cut off the bicycle with a total of 12,690,000 won, as shown in the daily list of crimes, from that time until around 19 times in total.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of I, J, K, D, L, M, and N;

1. Police seizure records;

1. Each report on the occurrence of each site, each on-site photograph, the details of 112 reported, and each CCTV-cap photograph;

1. Application of Acts and subordinate statutes to each investigation report (limited to attachment, temporary return, and safekeeping of consideration of the suspect identified at the scene of the crime and the suspect raised at the time of arrest);

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

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 community service order under Article 62-2 of the Criminal Act;

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

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act is the case where a defendant stealss his bicycle by cutting the locking device over several times from May 2016 to September 2017, and it is not good in light of the frequency and method of the crime.

However, in light of the favorable circumstances, such as the fact that the defendant has no particular criminal history, the confession of all of the crimes in this case, the seizure of most stolen bicycles, the agreement between the victims confirmed, and the fact that it appears not to have stolen for economic purposes, and other favorable conditions for sentencing, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition.

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