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(영문) 부산지방법원 2014.11.19 2014고단3237
특수절도등
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

From October 2012 to November 10, 2013, the Defendant was a person who worked as a sales employee at a “E” and other mountain uniform store operated by the victim D located in the Busan Heung-gu, Busan, as a sales employee.

1. On October 27, 2013, at around 22:02, the Defendant, along with her husband F, opened a store by using a security card owned by the Defendant and entered into the house, and then left the house with F, and opened the store with a new mountain uniform equivalent to KRW 155,000 at the market price located therein.

As a result, the defendant and F cut off one punishment of the victim D, together with the victim.

2. From January 1, 2013 to October 29, 2013, the Defendant: (a) returned and disposed of 104,300 won in the market price purchased by the Defendant around December 29, 2012, the Defendant stolen the purchase price of KRW 149,700 in the account book by bringing about the difference of KRW 44,70 in the way of returning the purchase price; and (b) subsequently, the Defendant stolen KRW 82,800 in total over 10 times from around that time to October 29, 2013, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Police suspect interrogation protocol regarding F;

1. Application of the Acts and subordinate statutes to investigation reports (the attachment of cash within the EM store and CCTV photographs if CCTVs are stolen);

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 331(2) and (1) of the Criminal Act that choose a punishment (the point of special larceny) and Article 329 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing guidelines set forth in the first category of crimes [the scope of recommendations] for general property [the scope of recommendations] is the mitigated area (4 to 10 months) for the mitigation area (4 to 10 months) for general property] (the special mitigation area] and the compared scope of sentences between punishment and recommended sentences: each crime of June to October 2 [the scope of recommendations] for general property] mitigated area (4 to October) for the mitigated area (general larceny) for the mitigated area (4 to 10 months).

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