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(영문) 서울북부지방법원 2021.01.28 2020고단4778
특수절도등
Text

Defendants shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

1. On September 18, 2020, Defendants A and B shared crimes committed by the Defendants, who stolen food, such as crypting at “D” stores located in Seoul Special Metropolitan City, Nowon-gu, and gathered by dividing them into drinking.

On September 18, 2020, the Defendants used the gap in which surveillance was neglected at the “D Burial” above around 12:33, 2020, and Defendant A concealed 4 factorings in the garments of 135,920 won of the market price in which the market price was located, in the clothes. Defendant B, according to Defendant A’s instructions, concealed 3 factorings of 236,820 won of the market price at the 236,820 won of the market price at the 138,110 won of the market price at the 138,110 won of the market price.

Accordingly, the Defendants committed a theft of the total amount of KRW 510,850.

2. On August 15, 2020, around 12:58, Defendant A: (a) concealed food worth KRW 392,00,00, including one fact-finding 1 fact-finding 1 fact-finding 320,000, market price 320,000, and one fact-finding 4 fact-finding 320,000, market price, and one fact-finding 25,000, and one fact-finding 392,000,000, in its own clothes, using a cresh of surveillance neglected.

Summary of Evidence

1. Defendants’ respective legal statements

1. A victim statement of E;

1. Report on internal investigation (victim interview and CCTV verification in the course of committing a crime), photographic investigation report (a suspect A, suspect B’s face pictures, video CD attachment, and a photograph on September 18, 2020);

1. Application of Acts and subordinate statutes on receipts for damage lists;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 331(2) and 331(1) of the Criminal Act (joint larceny) and Article 329 of the Criminal Act (Section 329) Defendant B: Article 331(2) and (1) of the Criminal Act;

1. A aggravated defendant for 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: Article 62(1) of the Criminal Act

1. Defendants to observe the protection: Defendant A with reasons for sentencing under Article 62-2 of the Criminal Act.

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