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(영문) 수원지방법원평택지원 2020.10.08 2020고단715
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[200 Highest 715]

1. Joint criminal conduct between the defendant and B;

A. At around 18:00 on February 8, 2020, the Defendant and B used the gap in the “D” store in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, in which the victim E et al., who is an employee, were negligent in surveillance of other customers, thereby putting 35,000 the market price managed by the victim B, into the bank where the Defendant used 35,000, and stolen it.

B. On February 8, 2020, around 16:27, the Defendant and B used the gap where the victim H, an employee, was negligent in monitoring other customers, taking advantage of the gap where the victim H, who was an employee, took advantage of other clothes, and the Defendant stated this portion of the facts charged in the NA color, which is equivalent to the market price of 1,340,000 won managed by the victim, as stated in the other clothes. However, the Defendant and B revised the results of the examination of evidence of this court to the extent that the identity of the facts charged is recognized and the Defendant’s defense right is not disadvantaged. It was stolen by inserting one DNA.

As a result, the defendant and B stolen another's property two times together.

around 14:29 on March 28, 2020, the Defendant: (a) took advantage of the gaps in which the victim I et al. al. had been able to respond to other customers, and (b) took advantage of the gaps in which surveillance was neglected by the victim I et al. at the same place; and (c) took a theft by having one end of two hundred (2,900) the market price managed by the victim.

Summary of Evidence

[200 Highest 715]

1. The defendant's legal statement E, and the internal investigation report (victim's statement, etc.) of H with each police statement of the police station of the H "20 Highest 1630";

1. Application of Acts and subordinate statutes on seizure of a police statement in the defendant's legal statement, as well as on-siteCCTVs to the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act, and Article 329 of the Criminal Act, each of which is applicable to criminal facts, and the choice of punishment (the point of larceny and the choice of imprisonment);

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

1. Discretionary mitigation;

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