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(영문) 수원지방법원 성남지원 2017.08.16 2017고단1475

병역법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2017 Highest 1475" is a person who is serving as a social service personnel in the Hanam Viewing C from July 24, 2013 to the 10 Sinnam-si.

From July 21, 2015 to July 24, 2015, from July 27, 2015 to July 31, 2015; and from August 31, 2015, the Defendant left service for at least eight (8) days on the 10th day of August 3, 2015 due to the Defendant’s failure to attend the said subordinate viewers C without justifiable grounds.

The Defendant and D 1745 of the 2017 Highest 1745 are pro-Japanese, and D are arba in G operated by the victim F in the Hanam-si E and the 2nd floor.

On February 12, 2016, the Defendant and D have been at least 7:00 on February 12, 2016, and the injured party requested D to conduct the business of the said main office during the period of the year, opening a entrance to the key in which D received in advance from the injured party, and held cash KRW 750,000 and KRW 25,000 merchandise coupon in the safe.

Accordingly, the defendant stolen the victim's property together with D.

Summary of Evidence

"2017 Highest 1475"

1. Statement by the defendant in court;

1. The person filing an accusation, a report on the status of service of social service personnel, and a written investigation of the renunciation of service. "2017 High Order 1745";

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to reporting on occurrence reports and results of field identification;

1. Article 331 (2) and (1) (special larceny) of the Criminal Act applicable to facts constituting an offense, and Article 89-2 subparagraph 1 of the Military Service Act (a point of leaving the service of social service personnel);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of multiple criminal processing standards that have no basic area (6 months to one year and six months) (special sentencing factors) of the basic area of the theft of general property [the scope of the recommended punishment] according to the sentencing guidelines: at least six months of imprisonment (in the case of concurrent crimes between the violation of the Military Service Act in which the sentencing guidelines have not been set and the violation of the former part of Article 37 of the Criminal Act, the minimum limit of the recommended punishment range for the above crime set out shall be observed).