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(영문) 수원지방법원 2021.03.04 2020고단6829
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who worked as a delivery engineer at Ansan B and C agency.

On August 17, 2018, the Defendant inspected the goods to be supplied to the said Victim E in front of the warehouse of the Victim E Co., Ltd., Ltd., Ltd., which was located in C, from the tallyman, and then took the examination from the tallyman of the said goods, the Defendant used “F” 1 boxes, “G” 2 boxes, “H” 1 boxes, “J” 1 boxes, “K” 1 boxes, “L” 1 boxes, “M” 1 boxes, “N” 1 boxes, and “N” 10 boxes, respectively. From around that time until July 18, 2019, the Defendant took a theft of coffee products with a total amount of KRW 39,78,90 throughout 138 times, as indicated in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. Investigation report (the list Nos. 2 and 6 of evidence);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (referred to the same sequence 3) statute;

1. Article 329 of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than six years;

2. Scope of recommended punishment according to the sentencing guidelines: From four months to ten months (any type of decision), two types of larceny (any person who is in special sentencing) (any person who is in special sentencing): Reduction elements of punishment, non-existence of punishment, and aggravation elements: None of them (no area in which recommendation is mitigated).

3. Decision on sentence: Imprisonment with prison labor for six months, and one year suspended execution, the defendant, while delivering coffees to the victim company, has stolen the coffees which amount to about 40 million won in total throughout 11 months, and such crime is deemed to be minor.

subsection (b) of this section.

Although the Defendant was sentenced to a suspended sentence of imprisonment with prison labor due to the theft of the same law and the judgment became final and conclusive, there is a lot of possibility of criticism in that he continued to commit the instant crime without suspending it.

Provided, That the defendant shall make a confession of all crimes.

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