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집행유예
(영문) 수원지방법원 2013.5.31.선고 2013고단967 판결
특수절도
Cases

2013 Highest 967 Special Larceny

Defendant

1. door (78 years old, female), free of office;

Accommodation-si

Jeonnam of the original domicile

2. Power (57 years old, female), free of office

Residential Lighting-si

Jeonnam of the original domicile

Prosecutor

Hong civil oil (prosecutions) and yellow (public trial)

Imposition of Judgment

May 31, 2013

Text

Defendants shall be punished by imprisonment for one year.

However, the execution of each of the above punishment against the defendants is suspended for two years from the date this judgment became final and conclusive.

To order the Defendants to provide community service for 120 hours each time.

Reasons

Criminal facts

Defendant’s door and Defendant’s right are women’s right. On December 2012, 2012, the Defendants: (a) considered large-scale retail stores with a breathous security, thereby cutting away oil; and (b) attempted to sell it in an influence to the Internet car page; (c) thereby, the Defendant’s door stolen powder and distributed the attention of the staff of the Mart in the shopping car; and (d) the Defendant’s right was to play a role of spreading stolen oil.

1. Larceny in the Egypt Gwangju store;

A. On December 4, 2012: around 44, 2012, the Defendants neglected due care by displaying and calculating only a kind of daily necessities as calculated. The Defendant’s right passed the above accounting unit and went through the market price of KRW 988,200,00,000 (18,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00.

B. On December 31, 2012, at around 25, the Defendants: (a) led the shopping car, Defendant’s right, and Defendant’s door continuously included the same kind of oil in the shopping car, which had been displayed on the powder sales stand; (b) removed a theft prevention device to check and calculate the gap of the Empt employees as calculated; and (c) neglected attention by allowing Empt employees to show and calculate only the other kind of goods outside the powder as calculated; and (d) Defendant’s right passed the above accounting unit and passed it at the market price of KRW 933,300,00 at the same time (17,000 if the Empt was operated).

2. Larceny at a waterway store;

On December 14, 2012, at around 40 40, the Defendants neglected to pay attention to the members of the Embrate, with the authority of the Defendants leading shopping cart, and the Defendant’s door included the daily East Fastium and the daily East Slstium, which was displayed in the powder sales unit, in the above shopping car, continuously removed the theft prevention device for the employees of this Embrate to show and calculate only a kind of daily product outside the minute as calculated, and neglected to pay attention to the members of the Empt. The Defendant’s right passed the above accounting unit, and passed the price of KRW 1,147,400,00 at the market (the daily East Pastium 18, 400,000,000).

3. Larceny at a gyke bars;

A. On December 13, 2012: at around 00, the Defendants: (a) placed in the Embresh-to-belled Eup in Sungsung-si; (b) the Defendant’s right to use the shopping car, leading the shopping car; and (c) the Defendant’s door included the day-to-day mountain powder in the shopping car, which was displayed in the powder sales stand, in the said shopping car; (d) removed a theft prevention device for the employees’ surveillance neglected; and (e) the Defendant’s right to use the said shopping car, without going through a calculating unit using a gap near the main entrance and exit, led the said shopping car, leading it to the main entrance and exit of KRW 1988,200,00 in the market value (18,000 square meters in the same kind).

B. On January 11, 2013, at around 00: around 00, the Defendants: (a) led shopping bags; (b) the Defendant’s right included the day-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cir.

4. thief in Embrying point;

A. On January 8, 2013: at around 27, 2013, the Defendants neglected due care by displaying and calculating the gaps of Empt employees as well as other theft prevention devices; the Defendant’s right passed the above accounting unit through the market price of KRW 384,300,00 (70,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

B. On January 8, 2013, at around 40:40, the Defendants re-enter into the Emptly Empt permissible point and then Defendant’s right.

A. The Defendant’s door, leading shopping cart, included the daily club glass powder which was displayed in the powder store, and continuously removed the heating apparatus that caused the malfunction of surveillance by the Egypt employees, and the Defendant’s right did not go through the calculation unit by using the gaps near the main entrance and exit, leading the said shopping cart and leading the main entrance and exit of 384,300 won at the market price (7 copies of the daily club glass powder).

5. Larceny at a gymsan point;

A. On January 11, 2013, at around 20:24, the Defendants: (a) led shopping cart; and (b) the Defendant’s door, which had been displayed in the powder selling stand, removed a theft prevention device that had been negligent in surveillance by Empt employees; (c) the Defendant’s right to use the said shopping car at the main entrance and exit of the main entrance and exit of KRW 1988,200, a market price of KRW 200 (18,000,000).

B. On January 11, 2013, at around 11: 21: 15, the Defendants entered the said shopping theater again, and the Defendant’s right is a shopping theater, and the Defendant’s door continuously included the same in the shopping theater, which had been displayed in the powder sales stand, removed a theft prevention device to the extent that the surveillance by the Empt employees was neglected, and the Defendant’s right did not go through a calculation unit, leading the said shopping theater and leading it to the main entrance and exit of KRW 823,50,00 (15,000,000,000).

As a result, the Defendants committed a theft of property amounting to KRW 7,460,90 on the market price of the victim Embry Co., Ltd. in total nine times in total.

Summary of Evidence

1. Defendants’ legal statement

1. Seizure records;

1. Each CCTV photographic image;

Application of Statutes

1. Relevant Act on Criminal Facts (the Defendants)

Article 331(2) and (1) of the Criminal Code

1. Aggravation of concurrent crimes (the Defendants)

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution (the Defendants)

Article 62 (1) (hereinafter referred to as "grounds for sentencing") of each Criminal Code

1. Social service order (the Defendants)

Article 62-2 of the Criminal Code

Reasons for sentencing

The crime of this case was committed repeatedly by the single female defendants who returned to a large retailer, and the method of the crime was planned, the crime was committed by transferring and repeating Mat within a short period of time, and the number of damage amount is not significant, so it is sufficiently recognized that the defendants should be punished strictly because it is not good to the nature of the crime and the crime.

However, in light of the fact that the Defendants divided their mistakes, most of the stolen minutes were seized and returned to the victims, the Defendants deposited certain money to recover damage, and the Defendants were first offenders, etc., considering favorable circumstances, the Defendants’ age, character and conduct, environment, details of the crime, circumstances after the crime, etc., as indicated in the Disposition. In addition, the judgment is rendered in consideration of all the sentencing conditions, including the Defendants’ age, character and conduct, environment, circumstances after the crime, etc.

Judges

Judges Park Byung-hee

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