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(영문) 전주지방법원 2015.03.26 2014고단491
특수절도
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

Criminal facts

1. At around 1:00 on September 10, 2013, the Defendant and C discovered one bicycle installed with locking devices at the spudio parking lot in Yansan-gu, Seoul, and C destroyed and damaged the lock by using hand and splate splate, which had been prepared in advance, and the Defendant, with the victim’s share of 120,000 tons at the victim’s market price, stolen another’s property by carrying one bicycle with the victim’s share of 120,000 tons at the victim’s market price, by carrying a bicycle on the spacker, which was loaded with E.

2. On September 1, 2013, around 1:15, the Defendant and C discovered one bicycle (verification) installed with locking devices in front of the upper street of 102 of the Yansan-gu G Building (102), and combined with the above methods, they stolen another’s property by jointly combining one bicycle with the unclaimed owner’s name and the market price.

3. At around 01:20 on October 201, 2013, the Defendant and C discovered one bicycle (White color) installed with locking devices at the 1st floor entrance of the 1st floor located in the Y in the Y in the Y in the Y in the Y in the Jeonsan-si. In combination with the above methods, the Defendant and C stolen another’s property by having one bicycle for known metric tons at the market price of the person who was not entitled to receive the victim’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. Application of Acts and subordinate statutes on police seizure records;

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

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

1. Mitigation of discretionary measures under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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