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(영문) 의정부지방법원 2018.11.23 2018고단4117
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Part 31 (Evidence No. 1), Part 7,00,00 original right (Evidence No. 2), which has been seized.

Reasons

(a) Serials 63) and photographs of seized articles;

1. Investigation report (Evidence No. 71,78 of the evidence list) / [2018 Height 4261];

1. Statement by the defendant in court;

1. Statement with respect to N;

1. Report on internal investigation (Evidence 5) [Attachment 2018 Highest 4455];

1. Statement by the defendant in court;

1. A written statement of Q;

1. Application of Acts and subordinate statutes on the use of a person;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business, and the choice of imprisonment for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under Article 333(1) of the Victim Return Criminal Litigation Act [the scope of punishment according to the sentencing guidelines of the Supreme Court]: Punishment for six months or more of imprisonment [the decision on punishment] for a violation of credit finance business is not set, and thus, for six months or more of imprisonment [the defendant was punished for having received several times of theft crimes even before he/she is sentenced] for the basic area (6 months or one year or six months), 2 and 3 years (each theft) for the general property of the theft crime group.

Nevertheless, each of the crimes of this case has been committed repeatedly during the period of repeated crime due to such crime.

In the case of larceny, the cash located within the PC safe has been stolen, and the total amount of damage has exceeded 2 million won in total, and among them, the imprisonment without prison labor itself has been cited as the Sixth.

It is not good that the criminal law has been interviewed to commit the crime.

However, at least the amount of damage caused by each fraud is a small amount, such as the pPC fee, and the fact that some damaged goods are seized and returned to the victim shall be considered in favor of the victim.

The motive and background of the crime including the above circumstances, the method and consequence of the crime, and the circumstances after the crime.

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