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(영문) 수원지방법원 안양지원 2017.09.08 2017고단1019

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendants are both nests.

The Defendants: (a) taken the goods from the department store in the way of hiding the shoes, etc. into the clothes; (b) entered the F department store “H” store managed by the victim G of the fifth floor of the F department store in Ansan on January 21, 2017; and (c) reported the gap between the victim and the store employees in the surveillance of the victim and the store employees; and (d) Defendant D kept the store out of the store and continued to enter the store and keep the store as a part of the store, with the fact that the market price of KRW 119,000,000, in an amount of KRW 119,000,000 from the store; and (c) continued to enter the store and keep the store out of the store; and (d) continued to have the store as part of the store prepared outside the store, and (e) continued to have the store out of the store in an amount of KRW 79,00,000, market price of KRW 119,000.

In addition, the Defendants stolen the total amount of KRW 544,90 on four occasions, such as the list of offenses, between the Defendants and March 11, 2017.

As a result, the Defendants stolen the property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G, I, J, and K;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a CCTV image closure;

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

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

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations given in the sentencing guidelines] - The basic area (six months to one year and six months) of the theft against general property / [decision of sentence] - Unfavorable circumstances: the Defendants do not seem to be less complicated in light of the form of the commission of the commission of the commission of the theft against the goods in the store four times in combination with the Defendants, the frequency of the commission of the commission of the commission of the crime. - favorable circumstances: the Defendants recognized the commission of the commission of the commission of the commission of the commission of the commission of the goods in their possession; and