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(영문) 서울중앙지방법원 2015.10.08 2015고합341
배임수재등
Text

Defendant

A shall be punished by imprisonment for eight 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

Defendant

A from August 29, 2008, while serving as the security unit of the K principal library located in the Jongno-gu Seoul Jongno-gu SeoulJ, around December 20, 2012, around 12:28, at the K president's office possessed by the victim L in the 27th floor of the above K, the victim's schedule was photographed or checked into the victim's list, and then the victim's list was exposed to the victim's secret room in his/her possession.

In addition, between November 26, 2013 and November 26, 2013, Defendant A intruded into the room occupied by the victim by the same method 56 times, such as the list of crimes (1) in attached Form A.

Summary of Evidence

1. Defendant A’s legal statement

1. A statutory statement to the effect that the witness M confirmed the fact that Defendant A intruded into the Sculum room from December 2012, 2012, which was made in this Court by the witness M

1. A suspect interrogation protocol concerning B by the prosecution;

1. Application of Acts and subordinate statutes to the library room, photograph (Evidence No. 12), investigation report (Telecommunications confirmation data reply, analysis and evidence list No. 16);

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment stipulated for concurrent crimes as set forth in the No. 56 No. 56 of the List of Crimes with the largest penalty);

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

1. The scope of punishment: Imprisonment with prison labor for not more than four years and six months;

2. Scope of recommendations on the sentencing criteria: The sentencing criteria are not set. 3. Defendant A has a duty to maintain the security of buildings and offices while serving as security personnel.

Nevertheless, in violation of this, the defendant violated the victim's schedule and infringed on the office which is responsible for the security repeatedly for about one year.

Furthermore, the defendant takes a victim's schedule or new schedule.

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