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(영문) 수원지방법원 2017.12.06 2017고단6404
상습절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, who works as an employee in C, D, and E on August 2017, stolen 170,000 won in total by the same method 12 times from around that time until September 24, 2017, by inserting 20,000 won in cash, which the Defendant paid to the Defendant for the calculation of the food value, without inserting it into the restaurant depository, and inserting it into the Defendant’s steering machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of each letter of apology with respect to G and H;

1. Each investigation report (teleline Investigation), the application of laws and regulations on investigation reports (CtV Investigation);

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting the crime ( comprehensively including, but not limited to, the choice of imprisonment with prison labor);

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are recognized - All circumstances favorable to the reasons for sentencing under Article 38(1)2, and Article 50 of the same Act - The Defendant has deposited money equivalent to the amount of damage, and the amount of money recorded in the crime was deposited. Unfavorable circumstances - the victims’ trust in the victims committed this case. - The Defendant continued to commit a crime by using the victim’s trust. - The Defendant has the history of having been punished several times for the same crime. - The Defendant committed a single crime without being informed of the victim even during the period of suspension of execution. The Defendant committed a single crime without being aware of the victim’s personality. The summary of the facts charged in this part of the charge is that the Defendant stolen the victims’ property, as stated in the judgment of the Defendant habitually.

Habitualness in larceny refers to the habit of repeatedly committing larceny, and the existence of criminal records in the same kind of crime and the frequency, period, motive, means and method of the crime in the case are considered comprehensively.

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