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(영문) 서울남부지방법원 2017.01.24 2016고단6214
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From August 21, 2016 to August 23, 2016, the Defendant served as a part-time worker at the E convenience store operated by the victim D in Geumcheon-gu Seoul Metropolitan Government as the victim D.

1. A theft Defendant displayed at the above convenience store around August 23, 2016 at around 05:16, cash 1,794,440 won, and cultural merchandise coupons worth KRW 100,000, and convenience stores owned by the victim.

225,00 won of tobacco 50 billion won was stolen. 2. The fraud accused, such as computer, was at the time and place specified in paragraph (1).

After making the Defendant’s card above T-moneone charging machine, the Defendant entered 70,000 won at one time without authority to charge a total of 350,000 won at five times each time without authority, and acquired the pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is not only one day but also one day since the defendant started to work at a convenience store, and thus, the defendant is deemed to have planned and employed each of the crimes of this case from the beginning. The defendant has been subject to juvenile protective disposition due to the same kind of crime and has been punished twice for the same kind of crime, and the damage has not been recovered, and all other circumstances such as the defendant's age, sex, environment, motive, motive, and circumstances after the crime are considered.

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