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(영문) 서울중앙지방법원 2013.06.12 2013고합402

절도

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendant A, as of March 2010, was unable to identify the last day of 07:40 to 07:50 on the day when the last day of 07:20, the first floor of the E market in Jongno-gu Seoul, Jongno-gu, Seoul, in which he works, stolen part of the garment support group displayed by the victim G by bringing about 10 % of the garment support group in a way that would bring about the victim’s cut 10 % above. Defendant A, from the above date to November 2012, 201, carried 3,9030,000 won at the 117,090,000 won at the 3,000-day price as indicated in the list of crimes.

Accordingly, the defendant stolen another's property.

2. Defendant B purchased the clothing board of KRW 390,030,000,000,000 won in total for two years and eight months from the above date to November 2012, as described in the list of crimes in the attached Form, in the E market No. 227 of the E market No. 1st floor in Jongno-gu Seoul, Jongno-gu, Seoul, which he operated, even though he was well aware that the original body brought to A was stolen, and that it was stolen.

Accordingly, the defendant acquired stolens.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of the police officer G;

1. Records of seizure and the list of seizure;

1. A specification of transactions by account and B specification of transactions by account;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 329 of the Criminal Act (Appointment of Imprisonment with prison labor);

B. Defendant B: Article 362(1) of the Criminal Code (the choice of imprisonment with prison labor)

1. Aggravation for concurrent crimes;

(a) Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment prescribed by larceny of November 26, 201, with the largest penalty)

B. Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment stipulated in the crime of acquisition of stolen goods by November 26, 201, with the largest penalty)

1. Defendants of suspended sentence: The reasons for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are 1.