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(영문) 인천지방법원 2020.06.19 2020고단1394
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2017, the Defendant committed the crime of September 23, 2017: around 15:40 on September 23, 2017, using the congested gap in the “D” store managed by the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, by taking advantage of the congested gap in the “D” store managed by the victim C, thereby cutting off one handbagbabba at a level equivalent to KRW 485,00.

2. On October 28, 2018, the Defendant, around 15:30 on October 28, 2018, committed the crime, resulting in the theft of one of the troped cosmetics, the market price of which is equivalent to 40,000 won, which is the victim’s market price, in the I store operated by the victim H in Bupyeong-gu, Incheon, Bupyeong-gu Ethmbane G.

3. On December 14, 2019, the Defendant committed the crime of December 14, 2019: around 13:44, the Defendant: (a) brought a theft of the victim’s share of KRW 2,500,000 at the K clothing store operated by the victim J on the first floor of the F Station shopping mall located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) caused the victim’s share of KRW 2,50,000 at the display stand using a creb in the repair room.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J, C and H;

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

1. The photograph of the K Burial CCTV at the generated site, the photograph of the suspect's moving ray on his name, the photograph of each voluntarily produced seized article (Evidence No. 63 and No. 159 of the evidence record), the amount-oriented photograph of the color co-ray, CCTV (Evidence No. 90-97 of the evidence record), the CCTV photograph of the IF basin, and the CCTV photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (the CCTV in place of occurrence, CCTV investigation, and CCTV investigation due to escape), a criminal investigation report (the building presumed to be the final escape of the suspect in the name of the suspect), and a criminal investigation report (the perusal of the list of households in which

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Each larceny [decision on the type of larceny].

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