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(영문) 대전지방법원 천안지원 2014.07.04 2014고단708

절도

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From August 27, 2012, the Defendant served as public interest personnel at D elementary schools located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu as well as in Seo-gu, Seo-gu, and used a gap in the management of school materials to steal them.

On January 7, 2013, the Defendant, at the English Center of the first floor of D Elementary School on the French date, went to deliver her choice, and then went to deliver her choice at the English center room of D Elementary School on the following day, and used and stolen the LG nanotechnology computers of an amount equivalent to KRW 1,115,395 at the market price, which is an educational material managed by E, which was an educational material managed by E, which was in a creshion, and then cut off five times from that time, in the same manner as indicated in the attached list by May 7, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. CCTV photographs;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Determination of Punishment] Class 2 (Special Larceny): Reduction area of punishment [Determination of Recommendation Area]: Imprisonment with prison labor for 4 to 10 months [General Convicts] Reduction Area: Implosion of punishment and there is no history of criminal punishment [Suspension of execution of punishment] Major positive factors for repetitive crimes: No history of criminal punishment, and general positive factors for non-execution of punishment: Social ties clearly, serious reflectness of crime: