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(영문) 대전지방법원 2018.01.25 2017고단4170
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 June 9, 2017, the Defendant, at around 113-7, 100, stolen a bicycle system in front of the Daejeon Pungdong, Daejeon Pungdong, by leading the victim’s share of 150,000 ton of the market price owned by the victim, which was not corrected by a gap in surveillance over the victim B, and was not corrected.

In addition, the Defendant stolen 16 bicycles owned by the victims of a total amount of 1,301,00 won through the same method, as in the list of offenses, from the early August 2013 to the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each statement of E, F, B, and G;

1. Each protocol of seizure (No. 3, 6, 9, 11) and each list of seized articles (Evidence No. 4, 7, 10, 12) and each list of seized articles (Evidence No. 5, 8, 13);

1. Statement of keeping the price;

1. Place of crime and photograph of the suspect;

1. Application of statutes on field photographs;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting 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 Act on the Suspension of Execution (the frequency of the instant crime reaches 16 times, the Defendant did not agree with the victims, and the victims’ efforts to recover damage are insufficient, etc. However, the Defendant committed the instant crime, the Defendant did not have the same criminal record, and only was punished by a fine on two occasions due to the instant crime, and the theft by the instant crime was returned to the victims or disposed by public auction, and is kept in consideration of the victims’ age, sexual behavior, environment, motive, means and consequence of the instant crime, etc., and all the conditions of sentencing and the criminal punishment prescribed in Article 51 of the Criminal Act, which were revealed in the process of the instant crime and the trial.

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