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(영문) 전주지방법원 정읍지원 2017.11.30 2016고단482
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant served from October 23, 2015 to November 18, 2015 as an employee in the “D” located in the former North Chang-gun, North Chang-gun operated by the victim B.

1. At night, on November 18, 2015, the Defendant: (a) 23:19, when the victim was deprived of the said “D”; (b) caused the said key to the said key from the warehouse that was kept in custody of the said key; (c) invaded the said device into the said store; (d) 100,000 won in cash owned by the victim, which was kept in custody on his/her face; and (c) stolen the said device with one set of Nowon-North Korea with the market value of KRW 80,000,000,000,000,000 won.

2. The Defendant was granted E business cars equivalent to one million won at the market price where the victim actually owned, under the pretext that he/she worked as an employee in D’s “D” and used to leave or leave the above workplace.

While the Defendant kept the said car for the victim by using it as a means of going out and going out, the Defendant embezzled the property of the victim by cutting the goods owned by the said victim at the time and place set forth in Paragraph 1, as described in Paragraph 1, and by refusing to return the said car to a high-speed terminal located at the center of the Go Chang-gun, North Chang-gun, 191 prior to going through the said car, and then neglecting the said car to leave it as it is in the vicinity of the said high-class terminal.

Summary of Evidence

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

1. Application of the police statement protocol law to B

1. Relevant Article 330 of the Criminal Act and Article 355 (1) of the Criminal Act (the point of larceny by intrusion at night) concerning criminal facts and the selection of punishment (the point of embezzlement and the selection 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. Suspension of execution under Article 62 (1) of the Criminal Act (the overall recovery of the victim, the victim does not want punishment, and favorable circumstances, such as the fact that the victim has been punished for the same kind of crime, but is a fine per time);

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