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(영문) 서울동부지방법원 2016.04.15 2016고단583
절도
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2016, at around 20:30 on February 15, 2016, the Defendant: (a) cut the victim E at the entrance of the 1st floor entrance building of “D” private teaching institute located in Yangcheon-gu Seoul Metropolitan Government; (b) cut off the victim E from one bicycle 2.0 won at the market price of KRW 800,000.

2. On February 20, 2016, at around 21:10, the Defendant: (a) cut off one bicycle set of the “INFIZAMAS” bicycle set up by the Victim F at the bicycle storage unit adjacent to the “sports shipbuilding” building located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a verification color equivalent to KRW 1,500,000 in the market price; and (b) cut off the lock locking device for industrial nitrous.

3. On March 2, 2016, around 21:00, the Defendant cut off one bicycle 1D, which is equivalent to KRW 470,00,00 at the market price set up by the victim I in a bicycle storage room behind the H “H” educational institute located in Yangcheon-gu Seoul Metropolitan Government G, and cut off one bicycle 1D to industrial nitrous.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the I, E, and F;

1. Police seizure records and list of seizure;

1. Each photograph;

1. Application of each report (thief) and investigation report (CCTV investigation)-related Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] / [the grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the person who has been specially mitigated] living-type two types of larceny (4 to 10 months) [the person who has been sentenced to a sentence] 5 months] imprisonment with prison labor and 2 years suspension of execution: The defendant has been sentenced to the same criminal records as the defendant has been sentenced several times, including the previous criminal records on the last two occasions. The most favorable circumstances, other than the one seized bicycle: the defendant committed a crime in a timely manner, and the defendant committed a crime in an economic poor condition, and is somewhat contrary to the motive.

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