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(영문) 춘천지방법원 속초지원 2021.01.07 2019고단577
특수절도
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2019, around 13:17, 2019, the Defendants sent 4 parts of SK2 chemical products managed by the victim E in the display stand, and chips (health assistive food) in the household in which the Defendant B was in possession of the Defendant B, and carried 4 parts of chips (health assistive food).

As a result, the Defendants committed a theft of the total amount of 475,860 won of the market price managed by the injured party.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of Acts and subordinate statutes to the receipt of a stolen article, photograph of a stolen article, investigation report (as to the stolen article by a suspect), etc. (Defendant A);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act / [Defendant B]

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 59(1) of the suspended sentence (the term of imprisonment with prison labor for 6 months) of the Criminal Act recognizes the Defendants’ mistake in sentencing, and there is no record of crime against Defendant B.

The crime of this case was discovered at the site and the damaged goods were returned to the site.

In addition, in consideration of the criminal records of Defendant A, the value of the goods that the Defendants stolen, and the circumstances of the crime, the punishment as ordered shall be determined.

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