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(영문) 수원지방법원 2017.06.21 2017고단2253

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. On March 3, 2017, the Defendant: (a) committed a theft of the Defendant’s “E convenience store” operated by the Victim D at the end of Suwon-si, Suwon-si; (b) 13,500 won at the market price, which was owned by the said Victim D; (c) committed a theft of the Defendant’s 3 illness, with one employee’s snow located in the board.

B. On March 22, 2017, at around 06:00, the Defendant: “H convenience store operated by the Victim G in Suwon-si, Suwon-si, Suwon-si,” one of the instant victim’s market prices, which is 1,600 won owned by the said victim, was stolen.

(c)

On April 4, 2017, at around 17:58, the Defendant: “K convenience store” managed by the Victim J, which was located in Suwon-si, Suwon-si, the Defendant stolen four well-known milk 5,00 won at the market price of the victim’s possession between one eye and another.

2. On March 22, 2017, the Defendant was issued 4,500 won in cash from an employee under his/her name, as if he/she purchased from another place at the H convenience store operated by the victim G in Suwon-si F, Suwon-si, the Defendant purchased from another place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of G, D, and J;

1. Investigation report (as to the specification of the damaged goods of the victim D), CCTV extract photographs made of CCTV in the victim G, screen pictures of the CCTV of the K convenience store, bandon pictures, and application of the bandon pictures, and the statutes governing the bandon pictures;

1. Relevant Article 329 of the Criminal Act; Articles 329 and 347 (1) of the Criminal Act; and the choice of imprisonment for the crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (no confession, reflectiveness, nor excess of fines) [the theft against general property] Class 2 (General thiefth-10 months), the mitigation area (the general fraud in April - 10 months), the mitigation area (the period of less than KRW 100 million), the mitigation area (the period of less than KRW 100 million), and the recovery of significant damage] basic criminal fraud.