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(영문) 수원지방법원 성남지원 2020.07.21 2020고단663
특수절도
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendants, as married couple, conspired to cut off goods without calculating the amount of the goods sold at a large retailer, by placing the goods displayed therein in a separate room, after visiting the large retailer.

1. At around 14:40 on September 12, 2019, the Defendants: (a) put four to five foodstuffs, such as the market price of the victim D Co., Ltd. displayed therein, into the bank of Defendant B; and (b) Defendant B, without calculating the bank, stolen the victim’s property by combining them into the entrance.

2. The Defendants, at around 13:30 on November 16, 2019, posted the victim’s property at the same place; Defendant A, in the aggregate of 130,000 won of the market value of the victim’s ownership; and Defendant B, in combination, took the victim’s property into the Defendant’s bank; and Defendant B stolen the victim’s property by combining it with a method of passing through the calculation unit without calculating his bank.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendants’ legal statement E re-issuance receipts of the police statement, photographs (18 pages, 19 pages) such as damaged goods, etc., and to the CCTV image-cap photograph (50 pages of the investigation record)

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Defendants subject to suspended execution: Scope of the applicable sentencing under the law for the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) (the following sentencing): The scope of recommended punishment according to the sentencing guidelines in June through July (the defendants) of each special larceny [the decision of type]; and thief [the thief] general larceny [the thief] general larceny [the thief].

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