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(영문) 수원지방법원 성남지원 2016.09.29 2016고단2030

절도

Text

Acquittal of the accused shall be acquitted.

Reasons

1. On October 11, 2015, the Defendant, at around 15:12, 2015, posted 45,000 won of the market price of her clothes to the other customers by using a mixed cresh in which she sold the clothing to the other customers (the age of 28). The Defendant, at around 15:12, placed her clothes in his/her own room, he/she added 1 punishment of 45,000 won of the market price of her clothes.

Accordingly, the defendant stolen the property managed by the injured party.

2. According to the records of this case, the Defendant was sentenced to six months of imprisonment with prison labor for habitual larceny and two years of suspension of execution on February 4, 2016, in support of Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Defendant, and the judgment became final and conclusive on February 12, 2016. The facts constituting the crime are as follows: “The Defendant habitually stolen any clothes worth KRW 3,515,500 in total at each clothing store from June 7, 2015 to November 14, 2015, or committed an attempted attempt without having achieved the intent thereof.”

According to the above facts, the facts charged of this case committed prior to the pronouncement of the above final judgment and the facts charged of this case are considered to have been less by the realization of the defendant's theft habits, in light of the method and method of the crime, the period of the crime, and the criminal records of this case committed prior to the above final judgment, and the facts charged of this case prior to the pronouncement of the said final judgment are one of the crimes of habitual larceny, which are crimes under the substantive law, and the effect of the said final judgment shall be deemed to affect the facts charged of this case in relation to such a single comprehensive crime.

If so, the facts charged in this case constitute a final judgment and a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.