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(영문) 인천지방법원 2019.06.13 2019고단2366
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

The Defendants: (a) one person, as one person, who visited the “D store” located in Daegu-si, Dong-gu, Dong-gu, would be aware of the network, conspired to open a package of the goods displayed at that place, put the goods into the main machine, put the goods into the main machine, and cut off the goods by the method of spreading them.

At around 22:00 on December 14, 2018, at the above “D store,” the Defendants, on the one hand, put up one string machine in front of the 144,90 won in the market price managed by the victim E, who was displayed at the same time, to the extent that he sees the network by making use of the gap where the surveillance of his employees is neglected, and then sees the network. The Defendants put up one string machine in front of the 144,90 won in the market price of the victim E, which is the 23,990 won of the market price, 1 string of the male-speed clothes of the 29,90 won of the market price, and 1 string of the beef of the 18,790 won of the market price, respectively.

As a result, the Defendants committed a theft of the total amount of 362,570 won in the market price.

Summary of Evidence

1. Defendants’ respective legal statements

1. A E-document;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief for general property] and there is no general larceny [type 2] (the scope of recommending area and recommending punishment] (the scope of recommending punishment]; and 6 months through 16 months;

2. Determination of sentence: (a) the method of committing the instant crime is not good; and (b) the Defendant A has a number of penal power, including the same kind of punishment; (c) all the Defendants are perceived as committing a crime; (d) the value of the stolen goods is not relatively large; and (e) the damaged goods were recovered at the scene.

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