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(영문) 대구지방법원 2019.02.01 2018고단3111
특수절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 26, 2018, at the “D” convenience store operated by the victim C in Daegu Suwon-gu, Daegu-gu, the Defendant: (a) put one spam-book, the market price of which is equivalent to KRW 5,500, which was displayed at the victim’s possession, into the main machine and stolen it.

2. Larceny;

A. On March 27, 2018, the Defendant committed the crime committed on March 27, 2018: (a) around 09:13, on March 27, 2018, placed two earphones equivalent to KRW 26,00 in the market price of the victim C, which was displayed at the place specified in the preceding paragraph, using the gaps where the surveillance of employees was neglected; and (b) stolen them.

B. On April 7, 2018, the Defendant entered the places indicated in the preceding paragraph around April 21, 2018, and stolen the Defendant, using the gap in which the employee’s surveillance was neglected, by inserting one copy of a spam, which is the market value of the victim C, owned by the victim, and displayed at such places, in the main machine.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement of the police statement regarding C;

1. A written statement;

1. Investigation report (the analysis, etc. of CCTV images against the suspect's sole thief);

1. Application of CCTV Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning criminal facts and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to two years of imprisonment with prison labor for six months on November 9, 2017 for a public performance and obscene crime in the Seo-gu District Court Branch Branch Branch of the Daegu District Court, which became final and conclusive on November 17, 2017, and committed the instant crime without being a person during the current period of probation, and that the Defendant again committed the instant crime without being subject to the suspension of execution, and that the Defendant had the same type of larceny, one time of criminal conviction, and two times

The defendant's total theft in the crime of this case is relatively large, and the victim is restored to the victim.

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