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(영문) 의정부지방법원고양지원 2020.11.30 2020고단2222
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Defendants’ special larceny is a personal relation.

When shopping is carried out in the F shop managed by the victim E on the second floor of Goyang-gu, Gyeyang-gu, Seoyang-gu, the Defendants: (a) have prepared Nowon-gu, and put them in the so-called brine, put them up only some articles on the calculation unit; and (b) have taken the rest of the articles in the way of theft with their matches without calculating them.

On December 2, 2019, at around 21:08 to 21:28, the Defendants jointly and severally engaged in shopping at the above F store, and they stolen goods worth KRW 91,360,00 in total from the point of time to December 18, 2019, including the following: (a) Defendant B put one of the 69,800 Won of the market price at which Defendant A had been located in the above bane; and (b) in calculating, the Defendants stolen goods in the way that he did not put the above goods into the calculation unit and without any calculation; and (c) in the manner that he was discharged from the calculation unit, as described in attached Table 1, the Defendants stolen goods worth KRW 91,360, won.

2. From November 9, 2019 to November 21:32 to 21:50, Defendant A stolen items worth KRW 79,760,00 in total four times from November 23, 2019, including: (a) in F stores managed by the said victim E, one fldypris amounting to the market price of KRW 6,980, which was located therein, and in calculating the amount, one fldypris amounting to KRW 6,980, which was stored in a yellow flag; and (b) in a manner that discharges without calculating the calculation unit as is, in addition to the attached list 2, the Defendant stolen items in total at least four times from November 23, 2019.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Data on CCTV of crimes on November 9, 2019, data on CCTV of November 11, 2019, data on CCTV of crimes on November 14, 2019, data on CCTV of crimes on November 14, 2019, data on CCTV of crimes on November 23, 2019, data on CCTV of crimes on December 2, 2019, data on CCTV of December 7, 2019, data on CCTV of crimes on December 18, 2019, data on CCTV of crimes, and data on the capture of CCTV of crimes;

1. Application of the receipt statute

1. Article 331(2) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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