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(영문) 서울중앙지방법원 2016.03.24 2016고단455
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

Defendants were employees of E managed by Jongno-gu Seoul Metropolitan Government Victims D.

1. From October 15, 2014 to 23:09 to 23:13:13 on October 2014, the Defendants, together, committed theft with a total of KRW 120,00,00,00 in the market price of cryp, such as cryp, charging, alcoholic beverages, and drinking water, which were placed in the display stand by crebing the business after completing the operation of the victimized person’s business, and neglecting surveillance.

2. On October 16, 2014, the Defendants together and stolen a total of KRW 180,000,000, including the market value of milk, salted fish, foodstuffs, fruits, fruits, liquor, etc., by the same method as paragraph 1 of the above E, between around October 23:2, 2014.

3. On October 18, 2014, at around 22:55 to 23:08, the Defendants, together, stolen and stolen a total of KRW 200,000,00 in the market price of food, beverages, alcoholic beverages, dogs, household goods, etc. in the manner prescribed in paragraph (1) of the above E in the same manner as that of paragraph (1).

4. On October 19, 2014, the Defendants jointly stolen and stolen a total of KRW 300,000,000 in the market price of food, beverages, alcoholic beverages, etc., by means of the same method as paragraph (1) in the above E from around 22:58 to 23:12.

5. Between July 2014 and October 14, 2014, the Defendants together and stolen the total market value of fruits, alcoholic beverages, and alcoholic beverages, etc., in the manner as prescribed in paragraph 1 in the above E from July 2014 to October 14, 2014, with a total of KRW 14.2 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to each report on internal investigation (related to CCTV recording data for each date of crime);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that a mistake is pened in depth, the fact that damage has been repaid and agreement has been reached with the victim; Defendant A is an initial offender and Defendant B is not only subject to a fine on one occasion in 1997, but also has no other criminal record);

1. Article 62 (1) of the Criminal Act for the suspension of execution (the above circumstances shall be considered);

1. Article 62-2 of the Criminal Act of each community service order;

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