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(영문) 창원지방법원 2016.09.29 2016고단1124

상습절도

Text

A defendant shall be punished by imprisonment for one year.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who, from November 2, 2014 to March 18, 2016, performed the work from the “E” bank operated by the victim C located in Seongbuk-gu, Changwon-si, Changwon-si to be a seller.

On July 15, 2015, the Defendant: (a) made use of the cresh in which the victim had a cresh; (b) made use of the cresh in which the victim had a cresh; (c) 18K kis, which is the victim’s possession in the hexan; and (d) 18K kis, which are the victim’s possession in the hexan, included the total amount of KRW 862,00,000 in the main machine;

From that time until March 4, 2016, the Defendant stolen precious metals, etc. equivalent to KRW 55,296,300, in total, on 28 occasions, as shown in the list of crimes in attached Form.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. Investigation report (Evidence List 17), and internal investigation report (Evidence List 2, 4, 8, 11, 14);

1. One copy of the detailed statement related to the official appointment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and the fact that the same kind of crimes are systematically repeated;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

1. It is recognized that the defendant is the first offender and is against his mistake in sentencing Article 32 (1) 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss an Application for Compensation Order (the scope of liability for damages is not clear, and it is not reasonable to issue a compensation order in criminal proceedings).

However, from July 2015 to March 2016, in consideration of the fact that the defendant habitually stolens the property of the gold bank that the defendant worked as an employee from July 2015 to March 2016, and that the total amount of damage was 5,500 won and that the damage was not completely recovered, the sentence of imprisonment to the defendant is inevitable.

In addition, the defendant's character, environment, health status, family relationship, motive, means and result of the crime, and the circumstances after the crime, etc.