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(영문) 서울중앙지방법원 2017.02.09 2017고단144
절도
Text

A defendant shall be punished by imprisonment for not more than ten 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 12:20 on December 7, 2016, the Defendant: “F clothes store located on the third floor of E department stores located in Gangnam-gu Seoul Metropolitan Government E department stores; and the victim G placed in the store by using a cresh in which the surveillance of other customers was neglected; and 2,890,000 won of the market price, which was displayed in the store.

In addition, from October 2015 to December 12, 2016, the Defendant stolen goods worth KRW 8,439,400, total market price from around 10 to December 10, 2016, as stated in the list of crimes in the attached Table.

around December 12, 2016, the Defendant: (a) around 18:32 on December 12, 2016, at the “JJ” shop for the victim I operation of the victim I on the first floor H-3 underground of Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) made use of a gap in the surveillance of K, the employees of the above store, thereby 79,000 won of the market price in front of the store; and (c) continued to put one of the test color boxes equivalent to 79,000 won of the market price in front of the store; and (d) continued to put one of the test colors equivalent to 79,000 won of the market price in front of the store, which was located inside the store.

Summary of Evidence

[2017 Highest 144]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police report of G, L, M, N,O, P, and Q;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report and each CCTV image;

1. Reports on internal accidents and confirmation of CCTV images;

1. Each report on occurrence (thief) (2017 senior group 392);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on occurrence of a disaster;

1. Investigation report (CCTV investigation);

1. Investigative reports (retributing damaged articles);

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by victim's business registration certificate);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting 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 suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order: Defendant.

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