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(영문) 인천지방법원 2017.12.21 2017고단7331
절도
Text

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

Reasons

Punishment of the crime

The Defendant, as a business employee of the “E” operated by the victim D in Nam-gu Incheon Metropolitan City, was stolen by arbitrarily removing and selling the seals equivalent to KRW 168,230,50,000, total market price, as indicated in the No. 3 through 479, from January 29, 201 to October 31, 2016, while managing printed goods owned by the victim, from around January 29, 201 to October 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of the F and G in the suspect examination protocol against the accused in the prosecution;

1. A protocol concerning the examination of each police suspect against H, I, J, or K;

1. Statement made by the police against D;

1. Investigation report (for statements made by a victim, cases);

1. Application of Acts and subordinate statutes on descriptions, details of transactions, and details of each account transaction;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 [Scope of Recommendations] The basic area (No. 6 months to 1 year and 6 months) of the basic area of the theft against general property (general larceny) (no. 1 year and 6 months)

2. The basic area (from June to June) of the second category of the theft against general property (the scope of recommended punishment) (the basic area of the theft against general property) (the basic area of the second type of the theft against general property) (the person who has no special sentencing factors).

3. The basic area (from June to January 1 to June) of the 3th offense (the scope of recommended punishment) (the person who has been subject to special sentencing) of the 2th offense against general property.

4. The scope of final sentence due to the aggravation of multiple offenses: Six months to two years.

5. The sentencing factors favorable to the defendant are that an amount equivalent to the amount of damage to the sentence was returned, and that there was no special criminal record to be considered.

However, the cumulative amount of damage is reasonable because the defendant committed repeatedly over a considerable period of time, and the amount of unrepared damage is also reasonable.

Therefore, despite the above favorable circumstances, the defendant cannot be punished by imprisonment, and the motive and circumstance of the above sentencing factors shall be determined by the sentence.

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