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(영문) 서울서부지방법원 2016.02.18 2015고단2738

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2015 Highest 2738]

1. 피고인은 2015. 9. 16. 11:30 경 서울 은평구 C에 있는 ‘D’ 3 층 생활용품 매장에서 피해자 주식회사 E 소유인 시가 19,800원 상당의 티엔 AC 클리어 샷 1개를 포함한 별지 피해 품 일람표 순번 1 기 재 물품 합계 251,860원 상당의 물건을 미리 준비한 가방에 담아 가지고 가 절취하였다.

2. On September 22, 2015, at around 21:00, the Defendant: (a) placed at the place specified in paragraph (1) at the location; (b) placed in the place specified in paragraph (1) on the part of the victim; (c) 15,900 won of the market price of the victim as stated in paragraph (1); (d) placed in the two parts of the attached Table Nos. 2, 75,900 of the total of the re-goods in two parts of the attached Table No. 75,900 in two parts, including 15,90 won of the market price

[2015 Highest 3016] around 16:30 on October 29, 2015, the Defendant, at the “H” store operated by Seodaemun-gu Seoul, Seodaemun-gu, Seoul, put the victim in the display stand, was stolen by inserting it into a bank prepared in advance at a level equivalent to 3,300 won at the market price of the victim located in the display stand.

[2015 Highest 3115] On November 19, 2015, the Defendant, at the victim J’s “K convenience store” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around November 12:07, 2015, she cut off in a shopping bag where the total market value of 5,870 won, the victim’s market value, which was located in the display stand, was 5,870 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Each police statement made against L, M and J;

1. Each protocol of seizure, list of seizure, and photographs of seized articles;

1. Investigation report (related to verification of addition of damaged articles);

1. Application of three Acts and subordinate statutes by capturing a photograph;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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, etc. considered as the grounds for sentencing);

1. Article 62-2(1) of the Criminal Act on the observation of protection and observation.