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(영문) 대구지방법원 안동지원 2017.03.31 2016고단909
방실수색등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant joined “B” around July 2014 and served as a dietitian of D High School, a place of business entrusted with the operation of the said company’s subsidiaries, until March 2015.

On January 8, 2015, at around 17:30, the Defendant: (a) received an instruction from the supervisor of the Defendant’s business (State) F of the head of the Section C; (b) sought the list of the meal subcommittee by finding out “the list of the meal subcommittee” by using a cresh in which G’s dietitians were accumulated; and (c) searched D high school dietitians and computers from around 29th of the same month to around 29th of the same month, from that time, by photographing them with smartphones and sending them to the said F in writing.

Accordingly, the defendant searched the room possessed by the above G.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Article 321 of the Criminal Act concerning the facts constituting an offense;

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

1. Two months of imprisonment to be suspended;

1. The reason for sentencing under Article 59(1) of the Criminal Act is that the crime of this case is not good in light of its circumstances, methods, etc.

However, in light of the circumstances favorable to the defendant and the defendant's age, sex behavior, environment, circumstances after the crime, etc., the execution of punishment (two months of imprisonment) against the defendant who has significant conditions for improvement shall be suspended. It is so decided as per Disposition by the assent of all participating Justices, on the following grounds: (a) the defendant confessions all of the crimes in this case and is seriously against the defendant; (b) the defendant has no record of being investigated except for the case in this case as the first offender; and (c) the defendant appears to have reached the place of the criminal in this case's name

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