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(영문) 울산지방법원 2019.04.30 2018고단3715

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 15:00 on November 12, 2016, the Defendant stolen the victims’ property at least eight times in total, from that time until December 31, 2017, on eight occasions, from that time, having three of the clothes for women, the market value of which is equivalent to KRW 30,000,000, the victim C, who had been opened for a house, on the first floor of the house where the victim C, located in Busan Sho-gu, Busan, had a house, and had three copies of the clothes for women, which had been opened for a house.

2. On March 2, 2018, around 14:00 on March 2, 2018, the Defendant intruded into a store operated by the victim E in Yangsan-si with the intent of stealinging the inner clothes as if the Defendant was a customer even if he/she was aware that he/she was a customer. In addition, the Defendant stolen the inner clothes of 40,00 won, which was prepared in advance, by putting them in the inner room and putting them into the inner room and putting them out, from that time until March 18:0, 2018, by 46 times in total, as indicated in the attached Table 2 of the Crime Scurster, and stolen the victims’ property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. Reports on each occurrence of a crime, reports on internal accidents, and reports on investigation;

1. A report on the results of field identification;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 329, 319 (1) and 330 of the Criminal Act concerning the selection of punishment, and Articles 330 of the same Act concerning the selection of punishment, and choice of imprisonment;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order is for women, such as panty, etc., which the defendant has been opened to the victims as soon as possible in the house where the victims reside.