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(영문) 인천지방법원 2015.08.27 2015고단4091

절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On June 20, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for one year at the general military court of the Water Defense Headquarters, and was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on April 18, 2013, and the said judgment became final and conclusive on May 9, 2013, and the sentence of the said suspension of execution was terminated on July 13, 2014.

around 12:00 on June 30, 2015, the Defendant removed a theft prevention case of the said tobacco at the home fracker shop located in the Nam-gu Incheon Arts, Incheon, which was located in 198, using the gaps in which the supervision of the store manager was neglected, and moved to a place where the victim home fracker Co., Ltd. and the victim home fracker market value of KRW 270,000 (60 A) and the market value of KRW 6,600 (60 A) are located in the store and they are not kept in the snow in the store, and then removed a theft prevention case of the said tobacco by using the home fracker’s frack, which was located in the second underground floor. The Defendant moved to a place where the victim home fracker Co., Ltd. were displayed in the second basement.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. CCTV photographs;

1. Previous records: Application of the results of inquiry, such as criminal records, and the number and accommodation status of each individual;

1. Article 329 of the Criminal Act applicable to the crimes;

1. It is inevitable to punish a repeated offender as an offense committed during the period of repeated crimes, which has majority the same kind of reasons for sentencing under Article 35 of the Criminal Act.

In consideration of minor damage and the immediate return of damage, the term of punishment shall be determined as per the order.