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(영문) 대구지방법원 경주지원 2017.06.22 2017고단156
절도
Text

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

On February 25, 2016, around 00:01, at the C convenience store located on the racing-si, the Defendant puts goods on the calculation unit at once, and additionally changed the victim D to 2 A of Mad Tobacco 1.

On the other hand, after giving the victim's attention, the victim who requires calculation makes it false to the effect that "it would bring about a parking difference outside the credit card," and that the above tobacco amounting to KRW 9,000 in the market price was stolen by putting it in Australia and breaking it out, and as shown in the list of crimes in the separate sheet, the victim stolen tobacco amounting to KRW 137,900 in total from the above day to December 23:10, 2017, including the day from the above day to the day from January 23:10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to E, F, and G;

1. Each written statement of D, H, I, J, K, L, E, G, M,O,O, F, P, and Q;

1. Each investigation report (Attachment of suspect photographs taken on CCTV at the third convenience point, attachment of suspect photographs taken on CCTV within the facilities of convenience store, attachment of suspect photographs taken on CCTV within the facilities of convenience store, attachment of suspect photographs taken on CCTV within the facilities of convenience store, attachment of suspect photographs taken on CCTV within the facilities of convenience store, attachment of suspect photographs taken on CCTV within the facilities of U convenience store, attachment of suspect photographs taken on CCTV within the facilities of convenience store, and application of each internal investigation report (Attachment of written appraisal, attachment of suspect A's photograph, attachment of suspect pictures to victim D, etc., relation to CCTV video on the damaged scene, and relation

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (All other extenuating circumstances, including the fact that the defendant is in a depth of his mistake, the fact that the defendant has no past record of punishment exceeding a fine for the past twenty years, and that the victim H, I, L, Q was smoothly agreed with each other);

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