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(영문) 의정부지방법원 고양지원 2014.02.20 2013고단2304
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

The defendant pays 21,800,000 won to an applicant for compensation for theft.

3.2

Reasons

Punishment of the crime

On July 23, 2012, the Defendant habitually committed a theft without calculating the total amount of KRW 100,000,000,000 in the market price, such as taxes, direction tasks, and chrops, using the gaps in the victim's supervision over Goyang-gu, Goyang-si around 18:43 on July 23, 2012, the Defendant acquired the goods in total of 61,605,100 won in the market price from around that time to December 16:40, 2013, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (1, 2 times);

1. Each police statement of H, I, J, K, L, and M;

1. Each statement of F, N,O, P, Q, R, H, S,O, T, U,J, and V;

1. CCTV photographs, investigation reports (Attachment of CCTV data), CCTV data at the scene of the crime, photographs of suspected vehicles, CCTV data, investigation reports (requesting appraisal of clothes and verification of CCTV at the store), field photographs and CCTV data, field photographs, on-site photographs, and product photographs;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act concerning the relevant criminal facts and Article 5-4 (2) of the same Act concerning the selection of punishment for a limited term

1. The reason for sentencing under Article 25(1)1 and 3, Article 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Action (hereinafter “Special Cases Concerning the Promotion, etc.”) was that the Defendant conspired with D in collusion with D, one co-offender in each of the crimes of this case, such as the crime of this case, committed repeated theft of each of the damaged articles of this case, mainly at a high-priced clothes, which are an expensive clothes, where one is aware of the network, or where the staff attention or the surveillance was neglected, and the victim is a majority and the damage amount reaches 61,605,10 won in total. Nevertheless, the Defendant took part in the crime of this case, which is a co-offender, and the above damaged articles.

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