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(영문) 부산지방법원 동부지원 2014.11.05 2014고단1634

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 23, 2014, at around 14:00, the Defendant: (a) committed a theft of foods worth KRW 53,200,00, including the sum of the 2nd place of freezing 2,000, the market price of which is equivalent to KRW 5,700, the 36,000, and the 3,500, which was displayed at the same place by taking advantage of the gaps of the victim’s attention, in the food room managed by the victim E located under the ground of the D department store located under the Busan Metropolitan City Busan Metropolitan Transportation Daegu C; and (b) committed a theft of foods worth KRW 53,20,00, in shopping bags.

2. On August 23, 2014, at G stores managed by the victim FF on the third floor of the above D department store, the Defendant, at around 14:35, 2014, placed in shopping bags and stolen any of the categories of clothing equivalent to KRW 150,000, total market price of KRW 150,000, which was displayed at such G stores using a gap where the victim’s attention was neglected, and the victim’s attention was displayed using such gap.

3. On August 28, 2014, at the food room managed by the victim E on the first floor of the above D department store, the Defendant used a gap in the victim’s attention to neglect and stolen food of 15,600 won, including one chip, one chip of 3,000 won at the market price, one fchip of 3,600 won at the market price, one fchip of fchip, one fchip of 3,600 won at the market price, and one fchip of 5,500 won at the market price, and a fchip of 3,500 won at the market price.

4. On August 28, 2014, the Defendant, at the “I” event site managed by the victim H on the second floor of the above D department store, was cut off and stolen by putting one punishment amounting to KRW 9,900,000 at the market price where the victim’s attention was displayed by taking advantage of a gap in the victim’s negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, E, and H;

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

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

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

1. The suspended execution reflects Article 62(1) of the Criminal Act.