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(영문) 서울북부지방법원 2016.07.21 2016고단2109
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

While serving in Dongdaemun-gu Seoul Metropolitan Government C, the Defendant visited the Defendant while on security duty, and tried to steals display items in C which ends on business with the Defendant’s wife D.

1. On March 27, 2016, the Defendant: (a) around C6’s 20:40 on March 27, 2016, at C6’s stores, owned by the victim F, of Samsung E-North Korea equivalent to KRW 1,900,000 in the market price; (b) one organic abandonment equivalent to the market price of KRW 390,000 in the market price; and (c) one device equivalent to KRW 179,00 in the market price.

As a result, the defendant stolen the property amounting to KRW 2,468,00 owned by the victim F, together with D.

2. On March 27, 2016, the Defendant: (a) around 21:30 on March 27, 2016, placed at C5 G stores, with a head of Adidididisobane equivalent to KRW 149,00,00, the market price of which is equivalent to KRW 89,000; (b) a head of 1,000, the market price of which is equivalent to KRW 45,000; (c) a 1,000,000, the market price of which is equivalent to KRW 1,19,00,000; and (d) a head of D, the market price of which is equivalent to KRW 8,00,000, the market price of which is equivalent to KRW 49,000.

Accordingly, the Defendant, together with D, stolen the property owned by the victim H amounting to KRW 539,00.

3. On March 27, 2016, at C4 food stores around 22:10 on March 27, 2016, the Defendant: (a) had a half of the price equivalent to 24,590 won at the victim I’s I’s market, and (b) D had a half of the price equivalent to 15,960 won at the market price, and (c) a half of the price equivalent to 15,960 won at the market price.

As a result, the defendant stolen the property amounting to 64,450 won owned by the victim I in collaboration with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, and F;

1. Each image of a record of seizure and the photograph of seized articles;

1. Application of each image statute to CCTV closure photographs;

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (i.e., the first offense) of the mitigated amount

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