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(영문) 서울남부지방법원 2013.06.13 2013고단1195
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 5, 2013, the Defendants: (a) taken advantage of the gap in the management of D’s security personnel of the above store at the victim’s cos discount store located in Goyang-dong, Manyang-si; (b) Defendant A her own goods of approximately KRW 318,090 in total, including two three strings of the market price of KRW 17,990, and one strings of approximately KRW 67,900 in the market price; (c) Defendant B her own goods of KRW 52,980 in total, including two cosmetics of KRW 26,490 in the market price; and (d) the Defendants her own goods of KRW 26,490 in the middle and the sum of two cosmetics of the market price of KRW 26,90 in the middle and the sum of KRW 371,700 in the market price.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of D;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] : April to August (the basic area of larceny, theft of general property, larceny of neglected property, etc.) / six months of imprisonment, suspension of execution / one year of probation, 80 hours of the community service order (the minor and recovered damage, and reflects errors) / [the scope of recommending punishment]

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