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(영문) 서울중앙지방법원 2020.04.29 2019고정2942
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

"2019 High Court 2942"

1. On May 9, 2019, around 15:05, the Defendant: (a) stolen the victim D (age 58) who was occupied at the convenience store located in Gwanak-gu, Seoul Special Metropolitan City, with one butane gas (beer) equivalent to KRW 1,850 of the market price, which had been put in advance to the display stand by using a gap in which surveillance of the victim D (age 58) was neglected.

2. On May 9, 2019, at around 21:10 on May 21, 2019, the Defendant stolen three butane gases equivalent to KRW 5,500 in the market price, which had been put to the display stand by using the gaps in which surveillance of the victim D (the age of 58) who is an occupying owner was neglected, at the places specified in paragraph (1) and paragraph (1).

“20, 375”

1. 2019. 5. 21.경 절도 피고인은 2019. 5. 21. 18:45경 서울 관악구 E에 있는 'F마트'내에서 피해자 G(41세)의 감시가 소홀한 틈을 이용하여 미리 준비해 간 자신의 가방에 시가 6,980원 상당의 훈제오리 1봉지, 시가 3,980원 닭볶음밥 1봉지, 시가 3,300원 상당의 비락식혜 2리터 1개, 시가 4,800원 상당의 딸기우유 4개들이 1팩, 시가 2,200원 상당의 콘 아이스크림 4개, 시가 14,400원 상당의 부탄가스 4개들이 3줄 등 합계 35,660원 상당의 물품을 넣어가 절취하였다.

2. On May 22, 2019, around 11:50 on May 22, 2019, the Defendant: (a) made preparations by using the gaps in which surveillance of the victim G (the age 41) was neglected at the places specified in paragraph (1) on May 22, 2019; and (b) included four butane gas equivalent to the market price of KRW 14,400 on his/her own bank in total of KRW 15,50,000, including three lines, 1,000, and 1,500 won.

Summary of Evidence

[2019 High Court Decision 2942]

1. Defendant's legal statement;

1. Statement of victim of D;

1. A receipt of the details of the use of the suspect's Telecommunication Card;

1. A photograph of a CCTV recording image at the scene of crime (2019No375);

1. Defendant's legal statement;

1. G statements;

1. Investigation report (verification of the amount of damage);

1. Application of Acts and subordinate statutes to photographs damaged at the time of arrest;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of fines;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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