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(영문) 창원지방법원 2017.12.22 2017고단3330

절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

Under D, the Defendant supplied cosmetics to the department stores located in Busan, Daegu, and Gyeongnam. The Defendant supplied cosmetics to the department stores located in G, and the victim E is the manager of the past F, etc. F, and the victim G is the current manager of F, etc., the victim H is the manager of I, and the victim J is the manager of K, etc.

On June 9, 2017, the Defendant used a gap in which the surveillance of the victim H, etc. was neglected in the M 1st floor L in around 09:40 on June 9, 2017, the Defendant used a gap in the surveillance of the victim H, etc. at around 09:0,000 won in the market price owned by the victim.

The operation of a material with one set of products

N was stolen by loading it on the Twit Cargo Vehicle.

In addition, from January 6, 2017 to June 9, 2017, the Defendant stolen the property equivalent to KRW 28,880,80,00 in total over 13 times, as shown in the list of crimes in the attached Table (Provided, That “O” was corrected to “J”).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, and J;

1. Each statement of H and E;

1. Each protocol of seizure and the list of seizure;

1. CCTV photographs;

1. Investigation reports (as to the specified date of the crime), and application of Acts and subordinate statutes for investigation reports (as to the specification of the amount of damage);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act include: (a) the Defendant’s mistake is deeply divided and reflected in his depth; (b) there are some circumstances to consider the motive and background leading to each of the instant crimes; (c) the considerable part of the damage resulting from each of the instant crimes appears to have been restored; (d) the Defendant has no other criminal history except for the same criminal record and the fine has been imposed several times; and (e) the Defendant has no other criminal history, including the frequency of each of the instant crimes.