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(영문) 수원지방법원 평택지원 2017.09.21 2017고단817
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 13, 2017, around 07:44, the Defendant: (a) discovered the head of the Agricultural Cooperative Co., Ltd. (Account C) with the victim B on the cash withdrawal machine located at the NAF branch located in Pyeongtaek-ro 645, Pyeongtaek-si, Pyeongtaek-si, and entered it in the safe money.

Accordingly, the defendant stolen the passbook of the victim.

2. Crimes against the National Federation of Victims;

A. On February 13, 2017, the Defendant: (a) committed theft as stated in the foregoing 1. in that it was the agricultural cooperatives located in Pyeongtaek-si, Pyeongtaek-dong 291-1 around 08:20 on February 13, 201.

B entered the passwords entered in the back page of the passbook in cash withdrawal machine, and withdrawn 50,500 won in cash managed by the Agricultural Cooperative Federation of the victims.

B. On February 13, 2017, the Defendant additionally released KRW 40,250 from the cash payment period for the management of the Agricultural Cooperative Federation, located in Pyeongtaek-si central office around 08:26, the Defendant collected KRW 40,250 by the said method.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Observation of protection and community service order with the reason for sentencing under Article 62-2 of the Criminal Act; consideration of the fact that there are many juvenile protective disposition records due to larceny; that there is no record of criminal punishment; that the head of a Tong was found to have led to a dynamic crime; that the amount of damage was not significant; that the Defendant’s age and family relationship was not significant;

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