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(영문) 대구지방법원 2014.12.09 2014고단5265
절도
Text

A defendant shall be punished by imprisonment for not less than 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

The defendant is a person who serves as a security guard in a guard company.

On June 11, 2014, the Defendant was putting in a bank and shopping bags which prepared in advance an amount equivalent to the sum of 5,000 won of the market price of the victim’s possession, which is 25,000 won of the market price, and 30,000 won of the market price of the victim’s Do-gu, Daegu-gu, Dong-gu, and the Defendant was accommodated in the Do-gu, Daegu-gu, and the victim’s Do-gu, Daegu-gu.

From that time to October 4, 2014, the Defendant stolen the property worth KRW 1,778,000 in total over 12 times in the same manner as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement of F, C, G, H, I, J, K, L, M, N, andO;

1. On-site identification reports, 30 copies of a photograph, ctv video data, 8 copies of a closure photograph;

1. Application of Acts and subordinate statutes on seizure records;

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

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order are divided in depth into the defendant's mistake, and most of the damaged goods were temporarily returned. The primary offender is the defendant's age, character and behavior, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., taking into account various reasons for sentencing as shown in the arguments, such as the crime of larceny, general larceny, basic area, recommendation and sentence of imprisonment with prison labor for 6 months - 1 year and 6 months. Thus, imprisonment with prison labor for 6 months - 2 years and 9 months.

It is so decided as per Disposition.

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