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(영문) 서울중앙지방법원 2013.09.05 2013고단4958
특수절도
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant stolen another's bicycle near the subway station, and stolen the bicycle with a view to selling it via the Internet, with a view to carrying the pent, spath, spath, spath, knife, knife, knife, etc. on the Internet.

1. From around 22:00 to 24:00 on May 7, 2013, the Defendant discovered one of the bicycles for mountain use that a fire victim parked with locking devices and parked at the bicycle storage room adjacent to the stairs of the subway station located in Seocho-gu Seoul Metropolitan Yangdong, Seocho-gu, Seoul, and cut the locks using the gate in advance, and then cut them by riding them.

2. From around 22:00 to 24:00 on May 14, 2013, the Defendant discovered one hybrid bicycle set up by a fire victim at the bicycle storage room adjacent to the stairs of the subway station located in Seocho-gu Seoul Metropolitan Government Yang Jae-dong, with a lock device, cut the locks using the gate he was in possession, cut the locks, and cut them by getting on and off them.

3. At around 22:00 on May 19, 2013, the Defendant discovered one bicycle for mountain use at the market value of KRW 400,000,000 at the victim D’s house located in Gangnam-gu Seoul Metropolitan Government, with locking devices and parked in front of the victim D’s house, cut the lock using the pre-owned pen, and cut it by riding it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning E, D, F, and G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each bicycle photograph (Evidence List No. 14, 15, and 16), tools photograph (Evidence List No. 18);

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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