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(영문) 인천지방법원 2015.07.23 2015고단2411

특수절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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. A theft: (a) around 19:00 on December 6, 2014, the Defendant: (b) removed three clothes equivalent to KRW 223,800 in total market prices, including two male occupancyers owned by the victim (a week), who had been displayed in the store by taking advantage of the gaps in the supervision of the store managers at the Embart training store located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; and (c) removed the theft prevention device from the one hand and stolen them.

2. Around 14:00 on February 18, 2015, the Defendant: (a) put up 16 clothes, such as male strawers, stacks, kis, and women’s clothes, which are the victim’s market value, displayed at the store together with the Defendant’s female living together by taking advantage of the gaps in which the manager’s surveillance was neglected; and (b) removed the theft prevention devices attached to the clothes of the Defendant, which he had been holding in advance, and put them into the Defendant’s house.

Accordingly, the defendant stolen the victim's property together with the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes on the records of seizure, list of seizure, photograph of seized articles, receipts to withhold transactions of damaged articles, detailed statement of damage, photographs of damaged articles, photographs of the suspect and passenger cars, photograph of the suspect's vehicle,

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act in relation to the crime, the choice of punishment, and Article 331 (2) and (1) of the Criminal Act (a point of special larceny);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Class 1 (Special thief) (Special thief) (Special thief) (Special thief) (Special thief) for general property - mitigated factors: indoor dwelling space;