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(영문) 수원지방법원 2015.10.15 2015고단3576
절도
Text

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

Reasons

Punishment of the crime

1. On July 22, 2015, the Defendant committed the crime of July 22, 2015: (a) around 10:16, at the DPublic Notice Board located in Suwon-si C and five floors, brought the hand together with the windows between which the victim E, who is the general director of the above Public Notice Board, opened a locking general office of the victim E, and stolen it with approximately KRW 400,000 of the market price owned by the victim and approximately KRW 6 mobile phone-phones equivalent to KRW 40,000.

2. On July 27, 2015, the Defendant discovered, around 13:40 on July 27, 2015, a bicycle equal to approximately KRW 250,000 in the market price owned by the victim G, which was set up on the first floor of the F building in the Young-gu, Suwon-si, Suwon-si, at around 13:40 on July 27, 2015, and destroyed and stolen the bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. On-site photographs;

1. Application of each protocol of seizure, list of seizure, photograph of seized objects, and Acts and subordinate statutes on seized objects;

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

1. From among concurrent offenders, the first crime for the reason of sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [the scope of recommending punishment / [the scope of general larceny / [the scope of recommending punishment ] the second crime for living-type general property / [the scope of recommending punishment / [the scope of recommending punishment ] the mitigation area (1 to 6 months) of mitigated area (1 to / the special mitigation] the mitigation area (1-6 months) of general property / the final mitigation scope of punishment due to the aggravation of multiple concurrent crimes for living: 4 to 11 months [the decision of sentencing] imprisonment for 8 months [the defendant] (it shall be considered that the defendant committed each of the crimes of this case without being aware of the fact that he committed the crimes of the same kind during the suspension period of execution, but considering the extent of damage to victims and the fact that all damaged goods were returned]

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