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(영문) 수원지방법원 2016.03.24 2016고단198
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Larceny;

A. On April 16, 2015, the Defendant: (a) took advantage of the gap in which the victim Costm Korea (hereinafter “victim”) was operated in a white-ro 25, U.S. head of Sinsan-dong-gu, U.S. (hereinafter “the victim company”) around the end of 16:00, the Defendant: (b) took advantage of the gap in which the main surveillance was neglected; (c) 1 Kentent-ro 1,800 won in total in the market value of the victim company owned by the victim; and (d) 1, Khing-ro 1; and (d) 2, a person moved to a dial place; and (d) took advantage of the gap in which the victim’s Costm Korea (hereinafter “the victim company”).

B. On November 22, 2015, the Defendant: (a) placed the victim’s company’s market value at a lower level than 18:00; (b) used a gap around the victim’s company’s market value at a lower level of the KRW 94,890 in total; and (c) stolen it by using a gap around the victim’s market value.

2. On November 29, 2015, the Defendant, in collaboration with wife B, removed a security device of KRW 2,310,80 in the aggregate of the market prices owned by the victim company, KRW 1,310,80 in Canada, KRW 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, and 1, 1, 1, 2, and 1, 300 in the kart, and 1,000 in the kart, and then the Defendant transferred the kart to a dial location, put the Nos. 3 and 1,00 in the Canadian, put the Nos. 1, 200 and 1,000 in the kart, and then stolen it by passing through the mar.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny) of the Criminal Act concerning facts constituting an offense, and Article 329 of the Criminal Act (a point of intention and a choice of imprisonment with prison labor);

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 subparag. 1 subparag. 3 of the Criminal Act (one’s mistake) for mitigation of amount.

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