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(영문) 부산지방법원 동부지원 2019.01.09 2018고단1820
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 18, 2018, at around 01:49 on March 18, 2018, the Defendant: (a) discovered and stolen a Belgium bicycle with the market value of 7.90,000 won, which is the victim F, from the bicycle storage unit located adjacent to the D University E at Busannam-gu, Busan; (b) reported the network from the side to the Defendant; and (c) returned the locking device of the said bicycle to his hand, and carried it with the percentage.

Accordingly, the defendant stolen the victim's property together with B.

2. On March 29, 2018, the Defendant: (a) discovered one bicycle having an amount equivalent to KRW 1.5 million at the victim I market value in front of the H high school located in Nam-gu Busan Metropolitan City, Nam-gu; (b) returned the locking device for the bicycle to his hand; and (c) stolen the bicycle with an interest rate below.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of each police statement made to F and I;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 331 (2) and (1) (the occupation of special larceny) and 329 (the occupation of larceny and the choice of imprisonment) of the Criminal Act concerning criminal facts;

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. On the grounds for sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, Article 62(1) 1 of the Criminal Act / [the scope of recommendation / [the scope of recommendation ] Article 2 of the Act on the Suspension of Execution / [the scope of punishment ] No basic area (the general larceny) of types 2 (the general larceny) of the Act on the Suspension of Execution / [6-1 year and 6 months] of the basic area (the special larceny] of the punishment for the general property : June-2 years [the decision of sentence] as the statutory punishment for the special larceny is stipulated only by imprisonment with prison labor, and the punishment for the larceny shall also be selected.

The sentence shall be executed in consideration of the fact that the damaged articles were temporarily returned to the victim I, that the defendant's age is attached, that there is no criminal power, and that there is no severe damage.

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