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(영문) 의정부지방법원 고양지원 2020.04.10 2019고단3748
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. At around 00:00 on November 23, 2019, the Defendants: (a) committed a theft of seven clothes equivalent to KRW 2,344,80 in total of the market price of the Idddcom so that the victim J and the store employees who manage the said store enter the bottom of the store by taking advantage of the gaps that the said employees do not leave the store; and (b) caused a theft of seven clothes equivalent to KRW 2,344,800 in total.

As a result, the defendants stolen the victim's property together.

2. At around 00:50 on November 29, 2019, the Defendants: (a) committed a theft of 10 clothes equivalent to KRW 2,108,80,000 in total of the market prices of H-building, including C, by putting the victim K and store employees managing the said store under the bottom of the store by taking advantage of the gaps that the said employees do not leave, and thereby resulting in the theft of 10 clothes equivalent to KRW 2,108,80.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of K and J;

1. Report on occurrence of a theft;

1. A report on internal investigation (on-site chief executive officer, etc.);

1. Each protocol of seizure and each list of seizure;

1. Reports on internal investigation (verification of victims related to seized articles);

1. Application of Acts and subordinate statutes in a manner that the list of stolen C products submitted by the victim, three clothes stolen by the suspect, and unique identification code of the damaged products coincide with each other;

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

1. Reduction of a small quantity under Articles 53 and 55 (1) 3 of the Criminal Act;

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

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

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for the larceny of general property [Type 2] general larceny [Special Sentencing]: In the area of mitigation of punishment [the scope of recommending area and recommending punishment], in the area of mitigation of punishment [the scope of recommending punishment and recommending punishment], in six months to ten months (the lowest limit of applicable punishment in the law];

2. The defendants expressed their attitude to repent and reflect their mistakes.

The Defendants had the same criminal record.

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