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(영문) 수원지방법원 2020.02.27 2019고단2956
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[Criminal Power] On February 20, 2019, the Defendant was sentenced to imprisonment with prison labor for one year for fraud at the Sungnam Branch of Suwon District Court on February 20, 2019, and the said judgment became final and conclusive on February 28, 2019.

【Criminal Facts】

From April 2018 to May 27, 2018, the Defendant embezzled the victim’s property by means of voluntary disposal of 50,780,000,000,000 won and 28,000,000,000,000 won, from around 4 times in total from around May 27, 2018, when the Defendant kept the main body and monitors of the victim’s computer installed at the entrance from the victim for the management of the aforementioned PC’s goods, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of C’s statement;

1. -Site photographs, etc.

1. Investigation report (investigation into the number of stolen monitors);

1. Previous convictions indicated in the judgment: The references to criminal records, etc., references to criminal records, etc., reports on the results of confirmation (inwards 57 pages of investigation records), investigation reports (Attachment of a copy of judgment), copy of judgment, and application of Acts and subordinate statutes governing the printing out of the screen of consolidated cases;

1. Relevant Article 355 (1) of the Criminal Act and the choice of punishment for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by taking full account of the following circumstances.

Damage suffered by an unfavorable normal victim was recovered.

For the recovery of damage by the victim or by the defendant.

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