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(영문) 수원지방법원 안양지원 2016.08.23 2015고단1729
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 24, 2015, the Defendant: (a) committed a theft of KRW 5,000 at the market price of 1 factoring rice Transportation Co., Ltd., Ltd., the victim’s home fluor, Inc., Ltd. (162), which was located in Ansan-si, around 162, in an underground route; and (b) took advantage of the difference in surveillance over employees C of the victim’s employees, taking advantage of the difference in supervision over the victim’s employees, as his/her hand.

2. On August 24, 2015, at around 21:00, the Defendant found it again at the same place as the above 1.3, and used the same manner as the victim owned by the Defendant in the same manner, and used it as a theft by inserting the total amount equivalent to 6,760 won of the market price of foodstuffs, such as two bottles, can cans, one beer, and one Kim Hanb.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s written statements;

1. Application of Acts and subordinate statutes on photographs and specifications of damaged articles;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of punishment under the sentencing guidelines] - Theft in each category of larceny in general property - the mitigation area (one to six months) and the mitigation area (the theft in neglect, etc.) - Special mitigated person: January to September 9 [the final sentencing scope due to the increase of multiple crimes committed by a large number of crimes committed by a large number of crimes committed by a large number of special mitigated person: Not agreed with the victim; the suspension of sentence for larceny, etc. in 2010; one time in 2013; two times in 2014; and two times in 2014; the fact that there is no record of punishment for the same crime; the fact that the defendant recognized his/her mistake and against himself/herself; and the fact that the amount of damage is not large;

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