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(영문) 수원지방법원 2014.04.30 2013고단6846

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant, 2010

3. From November 201 to July 2013, a person who had worked as a former physician at the Diplomatic Association in Suwon-gu, Suwon-si, Suwon-si.

The defendant, while working as the previous residence of the victim Diplomatic Association, found the fact that the contribution contributed by the members was collected at the time of each week and kept temporarily in the financial insolvency, and the deposit was made after the completion of the worship, and tried to steal part of the contribution temporarily stored by using this gap.

At around 11:20 on January 22, 2012, the Defendant collected one of the KRW 22,892,000 over 27 occasions, as indicated in the attached list of crimes, from the time to November 4, 2012, an employee in charge of the above D D D D D D D D D D D office used the financial and non-performing keys kept in the office of the secretary of the D D D D D D D D D D D D D D D D D D D office, entering the country as a financial and non-financial crisis, and 20,000 won was stored in the D D D D D D D D Do governor, which was kept in the office of the secretary of the D D D D D D D D D D office.

Accordingly, the defendant habitually stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E prosecutorial statement;

1. Each police statement concerning F, G, E, and H;

1. Report of investigation (Preparation of a list of crimes committed in this case);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated several times in a planned and organized manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant has a strong reflective nature by breaking his mistake in depth, that is the primary offender, and that the defendant complained of the defendant's wife by agreement with the victim.