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(영문) 대구지방법원 안동지원 2016.10.21 2016고단485
절도등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From December 29, 2015, the Defendant is a member of the D Co., Ltd. in Ansan-si Co., Ltd. who has been engaged in the delivery and collection of alcoholic beverages.

1. From January 1, 2016 to February 23, 2016, the Defendant: (a) cut off the two shares worth KRW 839,000, total market price of KRW 279,000, the market price of the victim D Co., Ltd. owned by D Co., Ltd. (hereinafter “D”) in the warehouse storage of D Co., Ltd. from the end of 19:0 to the end of 20:00; and (b) subsequently, the Defendant arbitrarily went out and steals three soldiers from the market price of KRW 179,00,00.

2. On February 29, 2016, around 21:51, the Defendant: (a) intruded a second door window located in a storage warehouse of D Co., Ltd.; and (b) stolen a vehicle owned by the victim D Co., Ltd., who was in custody in the said warehouse by using a 17-year siren 17,000, which was owned by the victim D Co., Ltd., and was parked in a vehicle parked in advance.

3. From February 12, 2016 to February 29, 2016, the Defendant embezzled KRW 2,01,000, which was collected from customers, such as “E”, who are customers of the victim D corporation, for a total of 17 times as shown in the attached Table 2, as the liquor price, for the victim, using the money for personal use such as living expenses, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A president of the F;

1. Application of Acts and subordinate statutes on investigation reports (on-site photographs and accompanying materials submitted by the complainants), and accompanying materials;

1. Relevant legal provisions concerning facts constituting an offense and each of the larcenys in the choice of punishment: Article 329 of the Criminal Act: At night buildings, intrusion upon a structure: Points of occupational embezzlement under Articles 330 and 329 of the Criminal Act: Articles 356 and 355 (1) of the Criminal Act (comprehensively, and choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Recommendations based on the sentencing criteria;

(a) The crime of intrusion upon a structure at night (crime 1); and

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