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(영문) 수원지방법원 평택지원 2017.06.21 2017고단630
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2017, the Defendant: (a) received KRW 27,500 from Pyeongtaek-si Victim D (n, 49 years of age) to an employee from the E convenience store operated by Pyeongtaek-si Victim D (n, and sold tobacco, etc. to customers; and (b) arbitrarily revoked the details of the said sales at his/her discretion; and (c) stolen KRW 27,500 from the credit cooperative to February 23:15, 2017 by the same method, including the theft of KRW 1,683,40 on a total of 68 occasions, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Written statements of D;

1. Details of cancellation of each sales;

1. Application of each statute on photographs;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Scope of punishment recommended according to the sentencing guidelines;

(a) A crime falling under paragraph (1) [the scope of recommendations] a type 2 (General thief) in the mitigation area (4 months to 10 months) (special mitigation factors) in the mitigated area;

(b) Crimes of Type 2 (Scope of Recommendations) in the area of mitigation (from April to October) in the area of mitigation (special mitigation) for general property; Crimes of living style in the area of mitigation (special mitigation)

(c) Crimes of Type 3 (Scope of Recommendations) in the area of mitigation (4 months to October) in the area of mitigation (special mitigation) for Class 2 (General thief) in general property;

(d) The scope of final sentence due to the aggravation of multiple offenses: April to June 10; and

2. Circumstances disadvantageous to the decision of sentence: The continuous crime of this case is committed from the day on which the defendant was employed in the above convenience store; the frequency of the crime of this case is considerably high; the victim wants to punish the defendant; other favorable circumstances such as confession, reflectivity, early crime, and the crime committed: The defendant's age, family relation, and circumstances leading to the crime, etc.;

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