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(영문) 의정부지방법원 고양지원 2018.01.25 2017고단3628
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 12, 2017, at around 15:30 on November 12, 2017, the Defendant: (a) removed a theft prevention device against 6 Twitts in an aggregate amount of KRW 194,400, from the market price of the victim D’s “E” in the “E” store operated by the victim D with the victim D, located in the Seo-gu, Seo-gu, Busan, Seo-gu, Busan, in the ancient city around November 12, 2017; (b) removed a theft prevention device against 6th,400, which is the sum of the market price caused by the victim’s negligence in surveillance.

2. On November 12, 2017, the Defendant: (a) around 16:00 on November 12, 2017, 15: (b) around 16:00 on November 12, 2017, at C underground stores with the victim F, located in Seo-gu, U.S., Seo-gu; (c) on November 12, 2017, at the display stand, 15 consumer products, such as shampoo and rinf, etc., displayed in the display stand by using a gap where employees’ surveillance is neglected.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes on photographs and receipts of damaged articles;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished seven times for the same crime.

Nevertheless, the theft crime of this case has been committed twice again.

On November 12, 2017, about 15:30 on November 15, 2017, five of six punishments was damaged (36 pages of investigation records). However, the defendant is against the defendant, and the victim D does not want the punishment of the defendant.

On November 12, 2017, around 16:00, the victims of the crime were immediately recovered.

In addition, in consideration of the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions identified in the process of the crime in this case shall be determined as per the order.

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