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(영문) 울산지방법원 2015.08.13 2015고단1567
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 02:00 on June 9, 2015, the Defendant: (a) retired from the office of E convenience operated by the victim D in Ulsan Jung-gu, Ulsan-gu; (b) cut off from the office of a part-time employee; and (c) cut off the amount of KRW 440,000 in cash, which was located in the depository located in the warehouse inside the warehouse, as the market value of KRW 190,000,000, at the end of the 190,000, the market value of which was located in the account book owned by the victim; and (d) cut off the amount of KRW 47,00 in cash, which was located in the account book.

2. Around 03:00 on June 27, 2015, the Defendant employed the victim G from the H convenience store operated by the victim G in Ulsan Nam-gu, Ulsan-gu, as a part of the arche job, and subsequently, the Defendant stolen 600,000 won in cash, which was contained in the Defendant’s safe room, by taking advantage of the gap between the victim’s retirement and the cresh in the lue toilet.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each statement of D and G;

1. Each report and internal investigation report;

1. Investigation report (ctv analysis and investigation);

1. Application of ct-V photographs Acts and subordinate statutes

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (6 to 1, and 6 months) of the theft of general property (6 to 1, and 6 months) [decision of sentence] Each of the crimes of this case is an unfavorable circumstance to the defendant that the defendant committed a theft of cash, etc. after being employed at a convenience store, in light of the circumstances and methods of the crime, etc., it is not good that the defendant committed a crime in disguised manner after being employed at a convenience store, that the defendant had the records of the same crime, that there was no agreement with the victims,

However, the circumstances that are favorable to the defendant, such as the confession of the defendant and the fact that there is no criminal record over the suspension of execution or more, and the age of the defendant.

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