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(영문) 수원지방법원 2017.05.26 2017고단1721
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 20, 2016, at around 13:00, the Defendant stated the instant indictment as “D” in the victim C’s instant indictment at a bicycle storage room located adjacent to the close door of the O middle school located adjacent to the OO in Suwon-si, Suwon-si, and thus, even if the indictment was corrected without the amendment to the indictment, it does not seem to have any substantial disadvantage to the Defendant’s exercise of his right to defense. Thus, the Defendant’s correction ex officio is ex officio.

The list of crimes attached to the indictment of this case, in which the victim's market price owned by this owner was 2.8,00 won was removed from a locking device by an influenite method, and brought about thefts, and from then to March 10:57, 2017, the damaged articles of this case stated in the list of crimes attached to the indictment of this case, are indicated as "bicycle 4," "five bicycle," "six bicycle," "six bicycle," and "seven bicycle," but the damaged articles of this case No. 7 are indicated as "six bicycle," but it cannot be seen as having any substantial disadvantage to the defendant's defense right even if they were corrected without changing the indictment. Thus, it is corrected ex officio.

As such, eight bicycles, the total market value of which is 3.91 million won owned by the victims, were stolen by the same method.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in C, E, F, G, H, I, J, and K Preparation;

1. Application of Acts and subordinate statutes, such as each CCTV course photograph and field photograph;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the sentencing guidelines recommended by the Sentencing Committee;

(a) Each category of larceny [type of larceny] Basic area of larceny (a) for general property: Imprisonment with prison labor for 4 months (the scope of recommended sentences] - 8 months;

(b) Aggravation by standards for handling multiple crimes: Imprisonment with prison labor for four months - February 20 of one year;

2. The sentence is the same kind of crime to be pronounced;

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