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(영문) 의정부지방법원 고양지원 2015.12.23 2015고단2997

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 ( shopping bags) shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant prepared a special processed shopping bag in order to prevent warning even after containing one-person “C”, one-person “D”, and theft prevention text, and conspired to steal goods into the E shop located in the strike.

The defendant, together with the above C and D,

1. On October 19, 2015, around 16:41, 2015, at the “H” clothes store located in G at the time of a strike for the operation of the Victim F, theft and theft by putting in the shopping bags and in the bags where there were crepits where the watch of employees was neglected, at least 39,000 won (at the market price of 79,000 won), coke (at the market price of 790,000 won), minc bling beta (at the market price of 890,000 won), and minc cling coke (at the market price of 990,000 won);

2. At around 16:53 on the same day, at the J Burial in the operation of the victim I, a 2th turn on, or on, an emergency warning flash in the same manner as above;

3. At around 17:14 on the same day, a person steals a man’s farming chill (at a price equivalent to KRW 229,00,00 in the market price) on the same manner in the above-mentioned L stores operated by the Victim K;

4. At around 17:40 on the same day, at the J Burial in the operation of the victim I, the victim I stolen 2,00,000 won in total as above (378,00 won in total).

Accordingly, the Defendant, together with the above C and D, stolen more than KRW 3,676,00 on a total of four occasions.

Summary of Evidence

1. Defendant's legal statement (second time);

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. Each statement of M, K, I, and F;

1. Protocols of seizure and list of seizure (Evidence Nos. 3 and 4 of evidence);

1. Application of the Acts and subordinate statutes governing field photographs ( shopping bags, etc.), HJ, or Lb CCTV photographs;

1. Article 331 (2) and (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing of Article 48(1) of the Criminal Act for confiscation [the scope of recommending punishment]: theft of general property.