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(영문) 대전지방법원 천안지원 2019.02.14 2018고단371
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A has gathered food at the prone B and convenience store, thereby spreading it.

1. On December 2, 2017, the Defendant and B, in the early December 2, 2017, calculated the gap between B and the E stores operated by the victim D in the Western-gu, Western-si, Seocheon-si, the Defendant and B, in calculating the difference between B and other things, put freezing food into the clothes and left at the convenience store as they are, the market price of which is equivalent to KRW 5,00,00, which is the victim’s possession displayed at the above convenience store.

Accordingly, the Defendant, together with B, stolen the victim's property.

2. On December 7, 2017, around 00:15, the Defendant and B, at the convenience stores listed in the above paragraph (1) around December 7, 2017, calculated the gap in which B puts the employee’s attention from the calculating unit of other goods, and other Defendant displayed at the above convenience stores, put in the freezing 500 won of the market price of the victim’s possession and the freezing 6,500 won of the market price, which is the victim’s display at the above convenience store, and put in the convenience store as they are.

Accordingly, the Defendant, together with B, stolen the victim's property.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. Statement made to D by the police;

1. Application of ct-V photographs Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Articles 329 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The motive leading up to the crime for sentencing under Article 334(1) of the Criminal Procedure Act, the method and scale of the crime, and other factors for sentencing, such as the defendant's age, environment, character and conduct, family relationship, etc.

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