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(영문) 춘천지방법원 강릉지원 2017.10.26 2017고단874

상습절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From January 2010, the Defendant has been working as a calculating source in E Et operated by the victim D in Gangnam-si, Gangnam-si.

On May 4, 2016, the Defendant withheld the computerized input of customers who purchased goods on the day and paid the price in cash, and then removed the relevant computerized inputs, and then taken 135,000 won equivalent to the sum of the cancellation amount into contact with the surrounding trial line within the carhouse calculation unit.

L. From that time to May 14, 2017, cash equivalent to approximately KRW 125,031,00,000 owned by the victim over a total of 282 occasions, as stated in the list of offenses committed in the attached Table, including theft committed by the victim.

L. A. L. theft was committed.

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 F or D;

1. A copy of the sales slips, May 2017;

1. Data on the detailed transactions of the award cancelled for withholding;

1. A report on investigation (Attachment of on-site photographs);

1. Investigation report (Attachment of CCTV photographs at the time of committing the crime);

1. A criminal investigation report (to install CCTVs and attach images to a suspect's crime scene);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the details, methods, frequency, etc. of crimes in the judgment;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of the recommended punishment] In the case of habitual offenders (6 months to 1 year and 6 months) in the basic area (special aggravation) of types 2 (general larceny) [the special aggravation] [the person subject to special mitigation] [the decision of sentence] as follows, the circumstances constituting the sentencing conditions indicated in the records of the instant case, such as the age, sex, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered in full consideration.

The defendant's thief crime was committed before May 2016.