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(영문) 의정부지방법원 2019.10.31 2019고단2669

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, each of the above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are the relationship in which they work as employees and know to know in E, “E” managed by victims D in Macheon-si, the victim D.

In the above E, the Defendants conspired to steal food and other things displayed in the crepane in other crepits where the surveillance of the above victims was neglected.

From January 21, 2019 to February 20, 2019, Defendants combined with the above E, and Defendant B used only a part of the above goods as calculated, and Defendant A used the remainder without calculating the remainder, and used the victim’s 2798,740 won in total over 20 times in total, including the victim’s 2 boxes and 15,000 won in the market price of the victim’s possession, which was displayed in the above Marart display stand in the way of calculating the remainder. In addition, from around that time to around February 20, 2019, Defendants stolen the victim’s articles worth 798,740 won in total, as indicated in the list of crimes in the attached Table.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D;

1. Each receipt; and

1. Application of the Acts and subordinate statutes governing the theft of goods;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) of the suspended sentence;

1. Defendant A: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined in the same manner as

3. Unfavorable circumstances: The circumstances that have been favorable to committing the instant crime for a considerable period of time: The confession of the instant crime, and the first offense;

2. Defendant B: Imprisonment with prison labor for six months, the period of suspended execution for two years, and the age, occupation, character and conduct, family relationship, and the period before and after the commission of the crime.