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(영문) 서울중앙지방법원 2020.11.10 2020고단3730
절도
Text

A defendant shall be punished by imprisonment with prison labor for three 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

2020고단3730 피고인은 2020. 5. 20. 12:00경 서울 동작구 B, 지하철 4호선 C역 지하 1층 ‘D’ 의류 매장에서 업주인 피해자 E의 감시가 소홀한 틈을 이용하여 매장 앞에 진열되어 있던 시가 12,000원 상당의 썬캡 모자 1개를 가방에 넣어 가지고 갔다.

Accordingly, the Defendant stolen the property owned by the victim.

200 Highest 4794

1. On January 8, 2020, around 17:59, the Defendant: (a) stored the shopping bags in the Gwanak-gu Seoul Special Metropolitan City “G” store in “G” store in “Seoul Special Metropolitan City, with two panpantys in a way that they displayed the gap where the management of the victim H(20 years old) was neglected; and (b) cut off by inserting them into the shopping bags with two pantys equivalent to the market value of KRW 10,000.

2. On January 16, 2020, at around 15:30, the Defendant: (a) committed theft by putting in G stores such as the former paragraph a crepane, where the said victim’s management failure was displayed in a crepitr, it was found that the Defendant committed theft by putting in a refluor a mosh bag which has five sound consolidations of the market price equivalent to KRW 1,000.

Summary of Evidence

200 Highest 3730

1. Defendant's legal statement;

1. A written statement of the police examination of the accused, CCTV images, hats and caps, and photographics of 2020 order4794;

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of written statements, damaged photographs, CCTV-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 329 (Options of Imprisonment)

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;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is against the recognition of the instant crime.

However, the issue cannot be deemed minor in light of the frequency and methods of the instant crime.

In particular, the criminal defendant is punished by a fine or imprisonment with prison labor for the same crime, which is about 20 times.

However, since the scale of damage in this case is not so significant, some victims indicate the intention of no penalty, and the defendant.

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