logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
서울동부지방법원 2015.05.13 2015고단729
절도
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

Defendant is living without any particular occupation.

As living expenses are insufficient, a bicycle has been stolen and has been taken to raise living expenses.

On March 16, 2015, at around 01:00, the Defendant discovered one bicycle rider in Ameri, the market price of which is equivalent to 240,000 won at the victim C in an apartment 203 Dong-dong bicycle storage facility located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and confirmed that there is no other person around it, and then prepared to set up a lock machine in advance and carried out a bicycle with a locker.

In addition, from March 20, 2014 to March 16, 2015, the Defendant got a bicycle equal to KRW 10,290,000, total market price of the victims by the same method nine times, such as the list of crimes, from March 20 to March 16, 2015.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each statement of C, F, G, H, I, J, and K;

1. Statement of seizure of each police;

1. Each photograph;

1. Application of Acts and subordinate statutes to reports on occurrence of disasters;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for the sentencing of Article 48(1)1 of the Confiscation Act, crimes No. 1 [the scope of recommending punishment] 2 of the basic area of types 2 (general larceny) and 3 of the basic area of general property / [the scope of recommending punishment] / [the scope of recommending punishment] 1 of the basic area of types 2 (general larceny in June-1 and June) and 2 of the basic area of types 2 (general larceny in June-1 and June) (the scope of recommending punishment] 8(1)1 of the Confiscation Act: June-2 years [the decision of sentencing] is against the defendant, and there is no record of punishment for larceny.

However, the number of crimes is high, the amount of damage is high, the damage was not recovered at all, and the victim was temporarily returned due to seizure of only 90,000 bicycles.

arrow