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(영문) 인천지방법원 2019.03.22 2018고단9091
절도
Text

A defendant shall be punished by imprisonment for six months.

except that 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 victim B is the representative director of the D in Incheon Gyeyang-gu, and the defendant is the victim's execution engineer.

The defendant, while working as an execution officer, was affected by gambling and the occurrence, etc., was committed, he was aware of the fact that cash is stored in the treasury of the representative director's office, and sentenced to theft.

Thus, at around 22:30 on October 6, 2018, the Defendant: (a) divided the password, which was known in advance, from the representative director office of the above D sixth floor; (b) cut off the imprisonment without prison labor by taking out KRW 5 million in cash owned by the victim, which was contained therein, on a yearly basis; and (c) cut off the sum of KRW 10 million in the same manner as indicated in the list of crimes in attached Form three times from that time to September of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. The application of Acts and subordinate statutes on CCTV image data, including a report on the occurrence of theft, a copy of the remaining letter, a site photograph, a report on the results of field identification, a report on investigation (or a relative investigation of the victim B and a correction of the amount of damage), a delivery as a result of fingerprint identification in the thief case, a response to fingerprint appraisal at the scene of the crime, a report on investigation (Attachment

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment with prison labor, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1, 2, and 3 (Determination of Punishment) [Attachment 2] thief for General thief [Attachment 2] mitigated element: Self-denunciation, Non-denunciation of Punishment [The area of Recommendation and Scope of Recommendation] , Special Mitigation Area, February to October 2; and

(b) Scope of recommendations according to the standards for handling multiple crimes: Two to one year (one-third of the upper limit of crimes No. 1/2 of the upper limit of crimes No. 2).

2. The defendant commits each of the crimes in this case under the circumstances unfavorable to the defendant, such as the fact that the amount of damage to the sentence is significant;

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