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(영문) 서울북부지방법원 2016.11.11 2016고단3431
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. Theft: Defendant A: (a) around December 4, 2015, at the complete-stage sales store in D managed by Gui-si, Si of Gui-si, Defendant A, using the gaps in which surveillance of C and marina employees was neglected; (b) was stolen with one microdsing theory equivalent to KRW 50,000 in the market price located in the display stand.

2. Special larceny: the Defendants are married to the Defendants.

In order to prepare living expenses, the Defendants: (a) stolen toys from a large retailer; and (b) sold them via the Internet medium-sized trading site; and (c) removed stolen objects from the security tag attached thereto; and (d) loaded them onto the hand dog the Defendant B towed; and (b) Defendant B, while doing shopping as if the shopping was carried, took part in the role of the goods by the husband, who took part in the urbing with the urbed or stored with the network, and took part in the role of the goods.

On December 4, 2015, the Defendants: (a) around 19:29, at the point of sale of F Handphones managed by E located in Namyang-si; (b) using the gap in the surveillance of E and its employees, Defendant B took advantage of the gap in the surveillance of E and its employees; (c) reported the network while carrying out shopping; and (d) Defendant A did not remove and count the smartphone cables of 10,000 won at the market price located in the display stand.

Accordingly, the Defendants, together, stolen the total amount of 13,064,00 won of the market price managed by the victims by the same method over 101 times, such as the list of crimes, from March 5, 2016 to March 5, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement of each investigation report and statement;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning criminal facts and defendant A who choose a sentence: Article 329 of the Criminal Act; Article 331(2) and (1) of the Criminal Act;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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