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(영문) 창원지방법원 2019.09.18 2019고단1625

절도

Text

A defendant shall be punished by imprisonment for not less than eight 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. Crimes committed on May 11, 2019;

A. On May 11, 2019, the Defendant committed the crime against the victim B: (a) placed the victim B in a crepan in the victim B’s display stand using a crepan in which the surveillance of the victim B, who is an employee of the said store, was neglected; and (b) cut off by putting the victim in a brush bag equivalent to KRW 7,000 at the market price managed by the victim; and (c) 45,000 at the market price.

B. On May 11, 2019, around 15:07, the crime against the victim E was committed by putting the victim in a handbagba, where the victim’s market value, which was displayed for sale by taking advantage of the gaps in the victim’s surveillance in the first floor of the above C department store and the F department store of the victim E management, was stolen by putting the victim’s handbags equivalent to 20,000 won in the victim’s market value.

2. On May 12, 2019, the Defendant: (a) around 14:50 on May 12, 2019, placed the store in a shopping bag that had been displayed for sale by taking advantage of the gaps in the surveillance of the victim I, who was the manager of the store, in the store, in a shopping bag that had been in possession of a new one of the 139,000 won of the market price managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. I, B, and E statements;

1. Application of CCTV Acts and subordinate statutes;

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

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

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

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act [Scope of Recommendation] 01. The reason for sentencing in Article 62-2 of the Probation Criminal Act is the theft of general property: Class 2 (General Larceny) and the criteria for processing multiple crimes: Imprisonment with prison labor for not less than 4 months to 1 year and 6 months (decision of sentence] the period from 4 months to 1 year and 6 months (decision of sentence] the method of committing the instant crime is not good, and the responsibility is heavy.

The Defendant committed the instant crime without being aware of the history of punishment two times due to the suspended sentence of imprisonment for the same crime.

(b).