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(영문) 창원지방법원 2017.03.28 2016고단3594

절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 17:55 on July 9, 2016, the Defendant: (a) removed, as hand, a theft prevention device attached to the clothes from 15th place of female clothes, such as a cresh, bat, etc., which had been displayed in the store by taking advantage of the gaps of employees’ surveillance in the flive cresh E store, from around 17:55, 2016; (b) cut off the 15th place of clothes owned by the victim in the total market value of KRW 7,049,00 from May 2013 to July 2016, the Defendant stolen 61 to July 14, 2016 from the above E store.

Summary of Evidence

The application of the Act and subordinate statutes to investigation reports (number of crimes of damage, quantity of damaged articles, and confirmation of the amount of damage) on the report of the defendant's statement in the first trial records.

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

2. Selection of a sentence of imprisonment with prison labor (including where there are many frequency of crimes and the amount of damage is not substantial);

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

4. Article 62 (1) of the Criminal Act (including the agreement with the victim and the defendant has no criminal records of the same kind or of the suspended sentence).