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(영문) 인천지방법원부천지원 2020.11.26 2020고단1015
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2020, at around 17:50, the Defendants: (a) put 57 goods, such as Cocarcas, etc., in the form of a pre-determined-based plastic bag and the bridge in shopping bags; (b) attracts them to the accounting unit by means of covering them with a verification color; and (c) Defendant B pays three goods equivalent to the total market value of KRW 5,280 in the calculation unit; (b) Defendant B, etc., sent the accounting unit’s attention to the calculation unit; (c) Defendant A passed the calculation unit by using the difference; and (d) Defendants followed the shopping car to the front floor of the first floor.

As a result, the Defendants, together, stolen 57 goods in the aggregate amount of 293,240 won managed by the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements of victims of D;

1. A photograph of a CCTV closure;

1. Application of Acts and subordinate statutes on receipts for damaged goods;

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

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) the Defendants were subject to a disposition of suspension of indictment twice for a similar crime; (b) the Defendants committed again; (c) the amount of damage was not significant; (d) there was no record of criminal punishment; and (e) the fact of the crime appears to have been committed due to their living conditions; and (e) the Defendants’ family relation, age, character and conduct, environment, details of the crime, and circumstances after the crime are considered.

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