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(영문) 전주지방법원 군산지원 2017.08.23 2017고단457
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 18, 2016, the Defendant: (a) discovered one bicycle (e.g., white knife 35) equivalent to KRW 420,00 in the market price owned by the victim E, which was installed in the bicycle storage stand in the front of D at the time of Masan-si, Simsan-si; (b) cut off the course locks in advance; (c) cut off the knife any bicycle knife any bicycle from around that time to December 11, 2016; and (d) cut off the knife any bicycle on seven occasions in total, as described in the attached list of crimes, from around that time to December 11, 2016.

On February 25, 2017, the Defendant: (a) discovered one bicycle (HUD and sprinking presses) in an amount equivalent to KRW 1,00,000 in the market value of the victim’s name and non-spicked in front of the D building located in Sinsan-si, Sinsan-si; (b) cut off the pent locks prepared in advance; (c) cut off the gate; and (d) cut off on March 25, 2017 at the front floor of the Sinsan-si F building at around 12:50,000 at the market value of the victim’s G, located in the same place as 80,000,000, total market value of the victim’s G, which was owned by the Defendant.

Summary of Evidence

"2017 Highest 457"

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of H, E, I, J, and K;

1. A protocol of seizure and a list of seizure;

1. All on-site photographs;

1. A criminal investigation report (related to damaged bicycles), a criminal investigation report (CCTV analysis), and a criminal investigation report (related to photographs of residential places) "2017 Highest 735";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol of seizure and a list of seizure;

1. CCTV photographs, etc.;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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. Protective observation and 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 that the defendant has several bicycles of others.

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