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(영문) 인천지방법원 2015.11.19 2015고단5704
절도등
Text

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

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

Reasons

Punishment of the crime

On April 8, 2015, at around 10:12, the Defendant: (a) committed a theft of the victim’s bicycles owned by the victims over 20 times from the beginning of March 2014 to the aforementioned temporary date, including the theft of the victim’s possession price of at least 6 million won, which was set up and established by the victim C on the front of the point of sublime of the Nam-gu, Incheon, Nam-gu, Incheon, 159-1; (b) and (c) committed a theft of the victim’s bicycles owned by the victims over 20 times, as indicated in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the suspect examination of some of the accused;

1. Statement of the police statement regarding C;

1. Each statement of C, D, E, F, G, H, I, J, K, L, M, M,O, P, Q, R, T, T, U, and V

1. Each investigation report, each occurrence report, and internal investigation report;

1. Application of each statute on photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act: (a) the nature of the crime is inferior in light of the scale and method of the crime committed; (b) the fact that only a part of the crime was recognized and it appears that the circumstances were somewhat weak, such as making a vindication that it is difficult to obtain the remaining crimes, etc.; and (c) the victims of thieves and approximately 2/3 of the unfavorable circumstances and the victims of the crime were agreed upon; and (d) the victims of the thieves in the judgment revealed by the victim are deemed to have recovered; (c) there is no criminal record prior to the instant case; (d) the Defendant’s family environment, the background and consequence of the crime; and (e)

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