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(영문) 인천지방법원 2017.03.29 2017고단295
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:44 on December 9, 2016, the Defendant cut off “A tobacco 1” of the market price of the victim’s 4,500 won owned by the Defendant, which was displayed in a Kabre, using a gap in the surveillance of employees working at the place in Mapo-gu Seoul around December 23:5, 2016, and then cut off “A” of KRW 16,500 from that time to January 1, 2017, using the aforementioned method as indicated in the list of crimes in the attached Table 22 times in total.

On December 26, 2016, the Defendant ordered the victim G in Yeonsu-gu Incheon to take various kinds of tobacco into account from around 12:22 on December 26, 2016, the Defendant: (a) placed 3,500 tobacco equivalent to the total market value of KRW 13,500, which was displayed on the victim’s Kabter, to the Kabter next tobacco storage box; and (b) placed 3 tobacco equivalent to the total market value of KRW 13,500, which was displayed on the Kabter.

Summary of Evidence

1. The defendant's oral statement "2017 Highest 295";

1. Written statements of J,K, L, M, D, N, P, Q, R, S, T, V, M, X,Y, Z, AA, AB, AC, and AD;

1. CCTV images of a convenience store, CCTV images of a convenience store (8) , each CCTV image, on-site CCTV images, and on-site photographs;

1. Reports on internal investigation (on-site inspection and CCTV investigation - raising, and securing the scene of crimes);

1. Investigation report (verification of a suspect's additional crimes - AF convenience store) 2017 high group 763;

1. G statements;

1. Images of the skin and photographs of damaged articles;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of CCTV images);

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing Criteria (the final sentencing range due to the aggravation of multiple offenses): Offenses from June to February, and from September: the theft of general property.

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