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(영문) 서울동부지방법원 2014.02.12 2013고단3215

절도

Text

A defendant shall be punished by imprisonment for six 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. On November 2, 2013, at around 11:30 on November 2, 2013, the Defendant: (a) removed 185,00 won in total of the market price of the victim owned by the victim D from a cresh in the victim D’s operation E in Gangdong-gu Seoul Metropolitan Government; (b) removed 11 theft prevention equipment, which was put into a prepared bank; and (c) took them down in the prepared bank.

2. On November 7, 2013, around 19:44, 2013, the Defendant removed 10 cosmetics that amount to 495,100 won in total at the market price owned by the victim G in Gangdong-gu Seoul Metropolitan Government by taking advantage of the gaps in the surveillance of the victim G management in Gangdong-gu, Gangdong-gu, Seoul, and then put them into a prepared bank.

3. On November 8, 2013, the Defendant removed 28,000 won of the market price owned by the victim E by taking advantage of the gaps in surveillance of the victim D from the above E on November 21, 2013, and then put it into the prepared bank in advance.

4. On November 26, 2013, the Defendant removed 24,000 won or more of the market price of the victim’s possession of cosmetics from the above E by taking advantage of the gaps in the surveillance of the victim D around November 26, 2013, and then put them into the prepared bank in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Seizure records;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the agreement with the victim, the violation of his/her mistake, and the absence of any record of being sentenced to suspension of qualifications or a heavier punishment);

1. The order is issued on the grounds of not less than Article 62-2 of the Probation Criminal Act (the defendant has been sentenced to a fine for the same kind of crime several times, and the crime of this case is related to the defendant's medical history, etc.).