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(영문) 인천지방법원 2016.08.11 2016고단3693
특수절도
Text

Defendants shall be punished by imprisonment for up to eight months.

However, there is a period of two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

around 18:00 on May 11, 2016, the Defendants joined the D shop 92 EE operated by the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon on May 11, 2016, and stolen one punishment amounting to 39,000 won of the market price of the victim's ownership by inserting one punishment amounting to 39,000 won of the market price of the victim's ownership at the end of the end of the same day, by using the gaps of the victim's attention due to many customers, as shown in the daily list of crimes attached to the same day.

Defendant B, around 15:25 on June 5, 2016, 2016, at G located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon around 15:25, 2016, based on the gaps in which the surveillance of the victim H, who is the manager in charge of the management of the above store, was neglected, placed in a bank where the sum of the market price of KRW 124,400,00, such as at least 1,000, the market price, is cut off.

On June 5, 2016, Defendant A, around 15:25, 203, sent off to a bank located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon on June 5, 2016, in which the victim H’s surveillance was neglected, Defendant A, a manager in charge of the above sales center, was able to cut off and cut off a line of 129,60 won in total, including one Trts and one Trts, and one point in Trts.

Summary of Evidence

1. The Defendants’ respective legal statements “2016 Highest 3693”

1. Each police statement made to C, I, J, and K;

1. A protocol of seizure and a list of seizure;

1. Photographs of damaged articles 2016 Mano 4196;

1. Statement made by the police with H;

1. Certificates of underwriting;

1. The 2016 Highest 4,603 of the recovered photograph of the damaged article;

1. Statement made by the police with H;

1. Certificates of underwriting;

1. A photograph of the recovered damaged article;

1. Application of Acts and subordinate statutes concerning specifications of damaged articles;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning the facts constituting the crime: Articles 331(2) and 331(1) of the Criminal Act (joint larceny) and Article 329 of the Criminal Act (abundance of intention and choice of imprisonment)

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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