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(영문) 서울동부지방법원 2018.11.14 2018고단3072
절도
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 4 shall be confiscated.

Of the facts charged in the instant case, August 15, 2018

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was sentenced to five months of imprisonment for larceny at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the sentence at the Seoul Southern District Court on December 15, 2016.

On August 12, 2018, at around 23:53, the Defendant: (a) cut off the locking devices for electric bicycles of KRW 1,300,000,00, the victim D’s market value at front of the Yeongdeungpo-gu Seoul Building C, Yeongdeungpo-gu, Seoul; (b) cut off it as an industrial cutting machine.

Summary of Evidence

1. Written statements of D;

1. Investigation report (related to the misrepresentation of voluntary crime prevention crew members against a suspect A), investigation report (verification of absence of the scene of the acquisition of stolen stolen objects), investigation report (verification of CCTV at the scene of an electrical bicycle where a victim D is stolen), investigation report (fence of partial change of the name of the crime and security of CCTV images related to the theft suspicion), investigation report (fence of securing of CCTV images related to the theft suspicion and partial change of the name of the crime), investigation report (fences adjacent to the exit No. 4 of the past calendar year), investigation report

1. A damaged bicycle photograph, a vice photograph of a bicycle purchasing place, a photograph at the scene of theft, and a CCTV video image photograph for a mobile route;

1. Each protocol of seizure and the list of seizure;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the history of repeated crime) statute;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (abundance of intention and choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The summary of the assertion is that the Defendant sold bicycles upon the request of E to sell the stolen bicycles, and the Defendant did not steals the instant electrical bicycles.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, that D, the owner of a ASKMY electrical bicycle, stored the above electrical bicycle lock in front of the building C in Yeongdeungpo-gu Seoul Metropolitan Government, between August 12, 2018 and August 17:00 and 02:00 on the following day, and was stolen by the Defendant.

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