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(영문) 의정부지방법원 2015.12.21 2015고단3030
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

The defendant returned to the Pyeongtaek dongcheon-si, and discovered bicycles stored in a bicycle storage facility, etc. and thought to steal them.

1. On April 3, 2015, around 00:30 on April 3, 2015, the Defendant: (a) discovered bicycles owned by the victim C from a bicycle storage room located in the Doducheon-si Library of 200, 2015, which were locked with locks; (b) cut the locks in advance, and then cut the locked, which would bring about the said bicycle to the market price of KRW 215,00,000.

2. On April 7, 2015, around 02:00 on April 7, 2015, the Defendant: (a) discovered bicycles owned by the victim D, which were locked by locks at the bicycle storage center located in 228, 228, Dongducheon-do, Doducheon-do; (b) cut the locked, which was prepared in advance, and then cut the locked, and then brought the 180,000 won higher than the market price to the locked.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. A damaged bicycle photograph;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting the crime, the choice of imprisonment;

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. Probation under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of recommendations according to the sentencing criteria: April - August / [Type] basic area of larceny for general property;

2. Although the Defendant had the same past history over six times, in light of the fact that there was no other extra-crimes punished by a fine for traffic offense on three occasions after 1985, and the seized objects, there are several additional crimes with which the date and time of the crime are not specified with the victim. However, each of the instant cases is deemed to have several cases.

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