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(영문) 서울중앙지방법원 2020.04.08 2020고단1504

특수절도

Text

1. Defendant A shall be punished by imprisonment with prison labor for a maximum of one year and by a short of ten months;

2. The defendant B shall be punished by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

The Defendants, as Mexicos, enter the Republic of Korea on February 4, 2020, and scheduled to depart from the Republic of Korea on February 11, 2020.

At around 15:40 on February 8, 2020, the Defendants: (a) requested the victim E in Gangnam-gu Seoul Metropolitan Government to show signals to employees; (b) distributed the starting line of employees when Defendant B requested the display of signals; (c) stored one handbag at the market price of KRW 5,100,000,000 in a shopping bag prior to the preparation of one handbag at the market price of KRW 5,100,000; (d) Defendant C stolen two handbags together in a way that the market price of KRW 4,450,00,000, displayed, was concealed by hiding it inside the outer project.

In addition, until February 9, 2020, the Defendants combined with the list of crimes in attached Form C (in the case of the Defendant C, Nos. 4 and 5 of the list of crimes were committed by the other Defendants in collusion) 10 times more than 90,329,000 won in total.

Summary of Evidence

1. Defendants’ legal statement

1. Each victim's written statement in E, G, H, I, J, K, L, M, N, andO;

1. Investigation report (verification of airport CCTV and collection of damaged goods);

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Defendant A and B of the pertinent legal provisions relating to criminal facts: Article 331(2) and (1) of the Criminal Act (a) (a point of multiple larceny) (a point of multiple larceny), Article 331(2) and (1) (a point of multiple larceny) of each Criminal Act, Articles 331(1) and (1), and 30 (a point of multiple larceny by public offering) of each Criminal Act;

1. Prisoners A: Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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

1. Unscheduled Defendant A: The reason for sentencing under Articles 2 and 60(1) of the Juvenile Act is that the Defendants were committed on February 4, 2020, when entering the Republic of Korea, and on February 6, 2020, when they returned to a variety of scenic items stores and displayed, etc. on several occasions, the crime of theft is very poor and the place is moving short time.