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(영문) 의정부지방법원 2014.05.09 2013고단3098

절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim C, around 13:00 on June 10, 201, stolen the agricultural bank account (Account Number E) in the name of the victim using an opportunity for the victim to open the house, at the victim C’s house where the Defendant was working as the Government of Dongducheon-si D apartment 505 Dong 901.

2. On June 10, 201, around 15:14, 201, the Defendant: (a) cut off the passbook in the name of C, which was installed at the point of transmitting the said passbook to the victim No. 1, at the victim No. 3 branch located in Dong-si, Dong-si, Yan-si, and entered the password prior to the victim’s cash withdrawal; (b) withdrawn KRW 4 million in cash against the victim’s will, the manager of the said cash withdrawal machine, and subsequently stolen the passbook.

3. On June 10, 201, the Defendant continued to commit a crime against the Government branch of the Korea Federation of the Korea Federation of the Victims, which was cut off as referred to in the above paragraph (1) at the Government branch of the Korea Federation of the Korea Federation of the Victims, which was located in the Government branch of the Korea Federation of the Korea Federation, and entered the password known in advance to the cash withdrawal machine managed by the victims, and then withdrawn KRW 2 million in cash against the will of the victim, who is the manager of the said cash withdrawal machine, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Cash withdrawal photographs from suspect CCTVs;

1. A list of transactions of self-reliance deposits;

1. Application of Acts and subordinate statutes to a investigation report (a report specifying the place of offense);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Act (the decision on the suspended sentence) is [the reason for the sentencing of Article 62(1) of the Criminal Act (the decision on the suspended sentence] and the general larceny [the general larceny] mitigation factors (the range of recommending punishment) [the mitigated range] mitigation area (the prison labor from April to October).