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(영문) 대구지방법원 2013.11.07 2013고단4310
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. In order to raise entertainment expenses, the Defendants conspired to steals high-priced bicycles installed in the studio or apartment stairs corridor during late night hours and sell them.

On February 28, 2013, around 05:00, the Defendants discovered the victim E’s bicycles, which were corrected as locks from the hallways of 106 Do apartment 106 202 and hallway 202, and Defendant B reported the network, Defendant A cut down the line of the correction device using the gate prepared in advance and took a b70,000,000 won of the victim’s market price.

In addition, the Defendants stolen bicycles and bicycle parts in total amount of 8020,000 won from January 29, 2013 to March 17, 2013 by the same method as indicated in the annexed crime list, as shown in the annexed crime list, from around 06:20 to around 04:30 on March 17, 2013.

As a result, the Defendants conspired to steal the victims' property.

2. On February 5, 2013, around 03:50, the Defendant discovered the victim G’s bicycle in the F apartment 101 Dong 1301 Dong 1301, 1301, and cut down the line of the correction device using a pentf in advance prepared pentf, and then stolen one bicycle with a known amount equivalent to 300,000 won at the market price of the victim’s possession.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to H, E, I, and J;

1. Each written statement in K, L, M, N, G,O, P, Q, R, S, and T Preparation;

1. Application of Acts and subordinate statutes to each protocol of seizure and each protocol of seizure;

1. Relevant Articles of the Criminal Act and Articles 329 and 30 of the Criminal Act concerning the crimes;

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

1. The defendants' act of theft of another person's property throughout several times of sentencing under Article 62 (1) of the Criminal Act is an element of the crime. However, the defendants reflect their mistakes, agree with some victims, or temporarily returned damaged articles, and criminal punishment against the defendants.

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