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(영문) 대구지방법원 김천지원 2018.04.26 2017고단478
특수절도
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 7, 2016, the Defendants: (a) around 21:40 on November 7, 2016, at the E convenience store operated by the victim D, Defendant A reported the network; and (b) Defendant B prepared three parallel chips and two chips and two chips, which are the total market price of the victim, located in the display stand by using the gaps in which surveillance was neglected.

Defendants, at around 09:40 on November 11, 2016, at around 09:40, the places indicated in paragraph 1, Defendant A reported the network, and Defendant B used the aforementioned methods, and Defendant B used confidential drinking water of KRW 4,000 in advance, the market value of the victim’s ownership, as well as KRW 4,00.

Accordingly, the Defendants committed a theft of the total amount of 14,00 won of the market price owned by the victim on two occasions together.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (on-site CCTV and photograph attached thereto) and report of internal investigation (on-site CCTV and report of non-existence of damaged articles);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The Defendants, subject to Articles 53 and 55(1)3 of the Criminal Act, were sentenced to a two-year sentence of imprisonment with prison labor for special larceny at the Daegu District Court on January 23, 2015 and committed the instant crime during the period of suspension of execution, in full view of the following factors: (a) the Defendants committed the instant crime during the period of suspension of execution; (b) the damage was minor and partial amount of the stolen goods were returned to the victim; and (c) the motive for the commission of the crime and the circumstances after the commission of the crime, etc., the sentence shall be

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