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(영문) 수원지방법원 2015.11.19 2015고단4470
야간주거침입절도등
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 supplied office supplies B with office supplies and maintained and repaired office equipment, and had the staff of the “C”, who intrudes into the office using B’s access card that he possessed, and had the intent to steals cash.

On November 22, 2014, at around 18:00, the Defendant intruded into the third floor activity standard book of the second floor in Seocho-gu Seoul Metropolitan Government, using the access card, and stolen cash of KRW 200,000,000 in the margin by opening a book on the books of the victim E and opening it, and as shown in the attached crime list (Provided, That the victim “F” described in No. 15 per year is apparent that it is a clerical error of “G”, and thus, it was obvious that it is a clerical error of “G”. Accordingly, the Defendant invadedd into the above office at night over 57 times, and attempted to steal or steal the sum of KRW 10,791,00 in cash and merchandise coupon total of KRW 1,200,000 in total, and KRW 1,200,000 in the gift certificates.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Each report on investigation;

1. Details on occurrence of additional larceny;

1. The actual condition survey report;

1. Application of statutes on field inspection photographs;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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;

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

1. The scope of the recommended sentence according to the sentencing guidelines for offenses falling under subparagraphs 1 through 3 [the scope of recommendations] for general property: The mitigated area (8 to 1.6 months) (special mitigation) for mitigation (8 to 1.6 months) for the theft in general property; and the final sentencing scope due to the aggravation of multiple offenses (4 types): 8 to 2 months;

2. Determination of sentence: One year of imprisonment with prison labor, two years of suspended sentence, the nature of the crime of this case is not good, the total number of damages is not small, and the defendant has been sentenced to a fine for larceny in 2014, but is not well-known.

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