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(영문) 대전지방법원 2019.05.23 2019고단519

절도

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

On April 27, 2018, the Defendant was sentenced to one year of suspended sentence for six months of imprisonment for fraud, etc. at the Daejeon District Court on May 5, 2018, and the judgment became final and conclusive on May 5, 2018, and was currently under suspended sentence three times in total.

1. On November 9, 2018, the Defendant: (a) at the convenience store operated by the victim D in Daejeon-gu, Daejeon-gu; (b) around 09:30 on November 9, 2018, the Defendant: (c) committed theft without hiding and calculating a beverage amounting to KRW 1,400, the market price of the victim’s possession, where the victim had neglected surveillance on other days; and (d) at the convenience store operated by the victim D, who had been displayed there.

2. On November 11, 2018, the Defendant, at the convenience store operated by the victim D located in the Jung-gu Daejeon District, Daejeon District, on the part of the Defendant: (a) around 14:20 on November 14, 2018; and (b) at the convenience store operated by the victim D, the victim was negligent in monitoring other days; and (c) on the part of the victim, the victim was placed at the victim’s market price, at an amount equivalent to KRW 1,000, the victim’s market price, which was displayed at that place, then stolen the victim without calculating the amount.

3. On December 27, 2018, the Defendant: (a) at the convenience store run by the victim H in the Gojin-gu, Jinjin-gu; (b) around 12:35, the Defendant: (c) used the condition of neglecting surveillance in response to other customers; (d) used the convenience store I used the condition of neglecting surveillance in compliance with the other customers, thereby putting two beverages of KRW 2,600, the market price of which is 2,600, which is the victim’s possession, into the drinking machine, and stolen the Defendant without calculating it.

4. On December 28, 2018, the Defendant: (a) at the convenience store run by the victim H in J in Jinjin-gu, Jinjin-gu; (b) around December 28, 2018, at the convenience store operated by the Defendant, the convenience store I used the state where he neglected surveillance in response to other customers, thereby putting three beverages of KRW 3,900, the market value of which is the victim’s possession, into both main money and cutting down, without calculating it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Each investigation report, records of seizure, and photographs of seized articles;

1. Previouss before ruling: Criminal records, references to criminal records, amounts of dispositions, results of confirmation, and the application of Acts and subordinate statutes; and