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(영문) 서울남부지방법원 2014.08.27 2014고단2783

절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who was employed as a dental assistant in the E-ental department operated by the victim D in Geumcheon-gu Seoul Metropolitan Government from February 2, 2012 to May 2013.

1. On October 10, 2013, at around 08:33, 2013, the Defendant: (a) committed theft, upon receiving a request from F, a dental nurse, to request the attachment of a notice of hospital closure from him/her; (b) released a hospital security system using a security card (credit card number: G); (c) entered the hospital, and subsequently cut the security card (credit card number: H) and the victim’s security card (credit number: H) owned by the victim on the book of the president room; and (d) cut down a sum of KRW 1,00,000 of the market price of the victim’s ownership contained in the above half of the disinfection room.

2. On February 15, 2014, around 13:00 on February 15, 2014, the thief was accompanied to introduce banes from the above EM division to take advantage of the following: (a) the gap in the time during which surveillance was neglected; and (b) the Defendant committed theft with a total of KRW 700,000,000 market prices owned by the said victim, which was in the front line of the disinfection room; and (c) committed theft.

3. On June 3, 2014, the Defendant: (a) around 07:51 on June 3, 2014, 2014, the Defendant: (b) took out, and stolen, a thief, a total of KRW 470,000 in the market price of the said victim’s possession, which was in a disinfection room’s upper half of the disinfection room.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including D's statement)

1. Application of each prosecutor's protocol of statement to I and D;

1. Article 329 of the Criminal Act applicable to 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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime (a) thief (a) thief (a scope of recommending punishment) thief (a scope of punishment) thief (a) thief (a basic area) thief (a) thief);

(b) concurrent crimes;