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(영문) 창원지방법원 2016.09.29 2016고단2282

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A’s sole crime (thief) committed on April 5, 2014, around Kimhae-si, 469 Doglung-ro, Kim Jong-si, and 469 Dogul, which was operated by the victim C, stolen two children’s tyrts displayed using a crebb in which the victim’s management was neglected, in the inner section. From around that time to May 2016, the Defendant stolen four shops, including “D” in the attached Table 1 sheet from around 15 times to around 2016, including “D” in the same way, which was 1,310,000 won in total at 24 items market prices.

2. Defendant A and Defendant B’s joint criminal act (special larceny) were married with the couple, and as set forth in paragraph (1), Defendant A conspired to steals the clothing, which would continue to be stolen, but would not be perceived.

From June 6, 2016 to June 6, 2016, the Defendants put the clothes displayed by Defendant A in a paper room that had been prepared in advance by taking advantage of the gaps in the victim’s management negligence in the “D” store operated by the victim C, and Defendant B, in his own body, took one set of 1 set of son and two son and son and son, and took two joint thefts from around June 2014 to around June 6, 2016, by using the same method from four stores, such as “D within a string box,” such as “D” in the 26th century, the total market value of which is equivalent to 2,815,600 won in total, over 26 times in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, C, F, G, and H;

1. Police seizure records and list of seizure;

1. Application of each investigation report (Evidence No. 3, No. 15 through 18, No. 21) statute;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act; Defendant A: Article 329 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.