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(영문) 서울동부지방법원 2014.11.04 2013고단1275
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on August 2, 201, and the judgment became final and conclusive on June 30, 2011.

The defendant conspireds the bicycle with the latter, and purchased the cutting machine, and colors the object of the crime.

1. Around 02:30 on March 12, 2013, the Defendant discovered and cut off a POLE 422 bicycle at the market price, which was locked by the victim’s name in a locked and next bicycle riding box located in Seongdong-gu Seoul, Seongdong-gu Seoul, and then cut it to a cut lock that was prepared in advance.

2. On March 12, 2013, at around 04:00 B, the Defendant discovered bicycles worth 200,000 won at the victim F’s market price in front of the Gwangjin-gu Seoul Special Metropolitan City E, cut the front locker, cut the bicycles, and cut the bicycles.

Accordingly, the defendant stolen the victims' bicycles more than twice together with B.

Summary of Evidence

1. Protocol concerning the examination of each police suspect against the defendant or B;

1. Statement of the police statement concerning F;

1. Seizure records;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiry reports, pre-dispositions, report on results of confirmation, investigation reports (a copy of judgment, etc. attached thereto);

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of the final sentence due to the aggravation of multiple offenses in basic areas (six months to one year and six months), consisting of the theft in general property of two types (general larceny): Six months to two years;

2. The juvenile protective disposition was issued several times including the same kind of crime as the sentence was sentenced, and the defendant, who was sentenced to the suspended sentence, again, again committed a second offense during the suspended sentence, and the defendant does not appear in the trial of this case after the withdrawal, and other circumstances are taken into account to determine the sentence as ordered.

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