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(영문) 대구지방법원 2014.10.23 2014고단3990
절도
Text

In the case of the crimes of No. 1 in the judgment of the defendant, a fine of KRW 3 million shall be imposed on the crimes of No. 2 in the judgment of the court.

Reasons

Punishment of the crime

On February 20, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Daegu District Court on February 20, 201, and two years of suspension of execution was finalized on February 28, 2014, and is currently under suspension of execution.

1. The Defendant committed larceny on September 2013, 201, while serving as an employee at the convenience point in the operation of the victim C in Daegu-gu Dong-gu, Daegu-gu, Gyeongman on September 1, 2013, the Defendant stolen the victim’s cash with KRW 80,000,000, which was placed in other convenience points where the victim’s surveillance was neglected.

2. Around May 13, 2014, the Defendant: (a) was an employee at the G convenience store in the management of the victim FF in Daegu-gu, Daegu-gu, as of May 13, 2014; (b) was stolen with the cash amounting to KRW 880,00,000, the market price of KRW 700,000,000, and tobacco amounting to KRW 200,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. C’s statement;

1. Four copies of a photograph by cutting a CCTV image data;

1. Previous convictions in judgment: Inquiries into inquiries, copies of written judgments, and application of Acts and subordinate statutes governing inquiry into cases;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense (the punishment of imprisonment with prison labor for paragraph (1) and the fine for paragraph (2) of the judgment shall be selected respectively);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in Article 334(1) of the Criminal Procedure Act was that the defendant committed a larceny under Article 334(2) of the judgment during the period of suspension of execution. However, his/her mistake was remarkably divided, and the crime under Article 334(1) of the judgment was voluntarily led to the confession of himself/herself, and the degree of damage to

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