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(영문) 창원지방법원 진주지원 2015.04.01 2015고단67

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 피고인은 2014. 12. 12. 16:14경 진주시 B에 있는 C 1층 귀금속 전문매장 "D"에서 그곳 매니저인 피해자 E이 잠시 다른 손님을 응대하는 틈을 이용하여 오른손 손가락으로 피해자가 관리하는 시가 373,000원 상당의 14K 귀걸이 한 쌍의 고정세트를 통째로 빼낸 다음 이를 손바닥 안에 쥔 채 감추고 있다가 상의 주머니에 넣는 방법으로 위 귀걸이 한 쌍을 절취하였다.

2. On December 12, 2014, the Defendant: (a) at Jinju-si, C 1stud precious metal specialized store “F” located in Jinju-si B, the Defendant stolen a pair of 14K rings equivalent to the market price of the victim’s KRW 1,026,00,000, managed by the victim G, by taking advantage of the cresh in which the victim G, who is a manager, complies with other customers, as he/she did so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Investigation report (investigation of CCTV installed at a place of damage);

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for larceny against victims G with heavier penalty);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor for not less than four months but not more than eight months (a decision on a type): thief (a person who is specially punished), including the theft and neglect thereof, shall be punished by imprisonment for not less than four months and not more than eight months;

2. Determination of sentence: The defendant's criminal liability is not minor in light of the fact that the defendant committed the crime of this case in the six-month period of probation, in spite of the same criminal records, and that the defendant did not make a serious effort to recover damage, but the defendant reflects the crime of this case, and the degree of damage is heavy.