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(영문) 광주지방법원 2020.12.02 2020고단3686
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant, together with B, has returned to the vicinity of the apartment complex in the Gwangju Mine-gu, and was willing to steal the bicycle stored in that place.

1. From March 25, 2020 to March 10, 2020 to March 27, 2020 to 09:10, the Defendant discovered one bicycle set of 200,000 won at the victim C owner of the victim C, who was corrected at the place, and then cut the above bicycle number line with a stone straw, and cut off the above bicycle line.

2. On May 12, 2020, the Defendant discovered one bicycle at the 1st floor of G Apartment-dong, Gwangju Mine-gu, Gwangju, with a view to finding the victim F owned by the victim F, who was corrected at the place. On May 12, 202, the Defendant returned the secret number of the above bicycle to B, and cut off the above bicycle.

3. On May 12, 2020, the Defendant: (a) committed the crime against the victim I on the street in front of the K convenience store located in the J of Gwangju Mine on May 12, 2020; and (b) committed a theft of one bicycle equal to KRW 3.50,00,000 at the victim I-owned market price, which was corrected by the same method as the statement in paragraph (2).

Accordingly, the defendant stolen the victims' property more than three times together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each statement of I, F, and C;

1. Application of Acts and subordinate statutes on internal investigation reports (CCTV Kamera image reading and identification of suspects), internal investigation reports (CCTV Kamerra);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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 fact that the reason for sentencing under Article 62(1) of the Criminal Act is agreed smoothly with the victims of the reason for the suspended sentence, the defendant shows his attitude to reflect on the confession of the crime, and there is no specific criminal power other than a single fine.

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