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(영문) 수원지방법원 2017.11.09 2017고단4905
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. A special larceny Defendant, along with B on February 11, 2017, was an employee of the Eart operated by the victim D with the wife population C, on the following occasions: (a) around 22:04, the Defendant came to be a victim’s employee; (b) the Defendant was willing to steal the goods in the Eart thereafter; (c) the Defendant brought about five items, such as the victim’s typ tobacco 1 A, which is the victim’s possession; and (d) as if the Defendant was calculated by calculating the amount from the calculation unit, without calculating it, was treated as having been calculated by a temporary card, and then, he stolen the property of the victim in combination with B, which was dried with B.

The Defendant, in addition to this, together with B, F, G, H, I, J, and the attached Table 1 list of crimes, committed a theft of the total amount of 442,890 won from around 18 times to May 12, 2017.

2. From February 12:00 on February 7, 2017, the Defendant: (a) took up 10 items, such as 10 rice tea stations, 500g rice tea stations, which are owned by the victim D; (b) took them as if it were calculated with a temporary card without calculating the amount; (c) took them into account as if it were calculated with a temporary card; and (d) took them out with vinyl, the Defendant stolen property equivalent to KRW 49,920, which is owned by the victim.

In addition, from around that time to May 11, 2017, the Defendant stolen the property equivalent to KRW 1,933,000 over 60 times in total, as shown in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to F, B, G, H, I, and J;

1. Written statements of D;

1. On-site reports;

1. Each investigation report (the counter-investigation of on-site CCTVs and the counter-investigation of staff members inside boats);

1. Date of use of the temporary card of the victim, data from visual CCTV images and record of the sales slip of the card;

1. Application of F or A tobacco theft photographs Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) (special larceny) of the Criminal Act concerning facts constituting an offense, and Article 329 of the Criminal Act concerning the selection of punishment (a point of intention and a choice of imprisonment);

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

1. Suspension of execution;

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