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(영문) 의정부지방법원 2019.10.25 2019고단2741
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for nine months and by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 8, 2019, the Defendant, at around 12:37, 2019, stolen the clothing equivalent to KRW 89,70,00 in the market price by putting the clothing in a boom of the E-building F store managed by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul and putting the clothing in a booming room in advance and putting the above clothing in a place without a security boom, and taking it out to a place without a security boom, as shown in the attached list 1 of crimes committed.

2. The Defendants conspired to cut clothes at a department store or set-off store. At around 17:45 on June 12, 2019 and around 17:45 on June 12, 2019, the Defendants’ joint crime committed a theft of approximately KRW 149,50,00 in total in the market price by putting the clothing in a string room in a string room in which the victim H in Yangcheon-gu Seoul Metropolitan Government was managed by the victim H, and then putting the clothing in a string room in advance and a booming bag to a place without a string box. The Defendants conspired to commit a theft of approximately KRW 149,50,00 in total in the market price from June 12, 2019 to June 15, 2019 by five times in the same manner as the attached Table 2 of Crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of each victim;

1. Reports on each occurrence of a theft;

1. Photographss and on-site photographs after each CCTV closure;

1. 112 Notification to a department related to the report of the case;

1. A report on internal investigation (verification, etc. of CCTV installed in the FS of J building);

1. Investigation report (to hear statements related to calculation processes, such as the amount damaged by the crime sight chart);

1. Application of Acts and subordinate statutes to investigation reports (specific amount of damage by store, and attaching revised list of crimes, etc.);

1. Relevant Article 331(2) and (1) of the Criminal Act (the occupation of special larceny) (the Defendant B): The occupation of larceny under Article 331(2) and (1) (the occupation of special larceny) of each Criminal Act, and Article 329 of each Criminal Act;

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