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(영문) 대전지방법원 2015.12.23 2015고단3935
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for a maximum of six months and a short of four months.

Reasons

Punishment of the crime

On November 13, 2015, the defendant appealed to the Daejeon District Court after being sentenced to imprisonment with prison labor for special larceny, etc. for a maximum of one year or ten months, which is currently pending in the trial of the same court.

1. At around August 16, 2015, the Defendant, a single criminal defendant, committed a theft of the bicycle installed five times in total, as indicated in the annexed crime list, from that time until August 23, 2015, he/she: (a) committed a theft of the bicycle installed at the scene of Sejong-si, “AF CF CFC” located in AE; and (b) committed a theft of the property by towing one bicycle at the seat of KRW 500,00,00,000 at the market price of the AF CF C, which was located in the front of the “AF CF CF C” located in AE.

2. On August 24, 2015, the Defendant: (a) conspiredd to steal the property of AH and other persons; (b) on August 24, 2015, around 00:57, at AJ restaurant located in the Gangdong-gu Seoul Metropolitan Government AI, AH reported the network outside, and the Defendant intruded into the locker with the window removed, and then cut off the cash amounting to KRW 4,000 (8), 4,000, 500, 500, 500, 500, 500, 1, 1, 1, 1, 1, 1, 1, two keys of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to AH;

1. Statement of the police statement of AL;

1. AC, AG, AM,N, and AK's written statement;

1. All on-site photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim AC, AL, and statement listening);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 331 (2) and (1), 330, 329 and 319 (1) of the Criminal Act that choose a penalty;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing of Article 2 and Article 60(1) of the Juvenile Act, the recovery of some damaged items, the exemption from punishment for some victims, the relationship of criminal records (three times the protective disposition of Article 9 of the Juvenile Act against the same criminal act), age, character and conduct, environment, and criminal records.

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