logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.02.16 2015고단4554
절도
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

B and C are not guilty. The summary of the judgment of innocence against the defendant B and C.

Reasons

Punishment of the crime

Defendant

A is a person who has been in charge of mobile phone sales business, customer and inventory management for the sales store of the damaged person while working in the victim LAF.

Defendant

A prepared a false statement of transaction as if he ships out from time to time in the inventory of the victim's cell phone to the customer (sales store) in order to supply the cell phone to the mobile phone sales store belonging to Pyeongtaek, and tried to prepare a living cost by disposing of the cell phone owned by the victim as stolen property.

Defendant

A around 11:00 on December 17, 2014, around 11:00, at the inventory of the Fund in the Daegu Northern-gu, Daegu-gu, Seoul-gu, a total of 4,785,000 won of the market value owned by the victim, which was loaded in the store, was stolen at will by carrying five smartphones (gallon No. 4) out of a total of 4,785,000 won.

Defendant

A, from that time until April 23, 2015, up to 16, smartphone 95 (up to 85,190,600, the total market value of which is equivalent to the total market value of KRW 85,190,600 (up to 16 times) (up to 16 times, 434 in gallon, gallon 4, 4S 10 in gallon, 610 in gallon ju, 610 in gallon ju, 6-16G 27 in alon 6-16G, alon 6-64G 13 in alon.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes governing inventory certificates;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area of the theft against general property (the general larceny) (the person who has no special sentencing factors)

2. In light of the fact that Defendant A repeatedly committed the thief crime of this case over 16 months and did not recover damage even though the amount of damage was not considerable, the nature of the crime is not weak.

However, the fact that the defendant has led to a crime and is against himself, and that he is the first offender.

arrow