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(영문) 창원지방법원 2017.06.20 2016고단4537
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

From March 2013 to September 2016, the Defendant worked as an employee of the “E” restaurant operated by the victim D in Changwon-si, Sungwon-si, Sungwon-si.

On March 1, 2014, at around 23:27, the Defendant received 14,000 won for food, such as liquor, from an unclaimed customer in cash, from the above restaurant operator, and then, in the order and settlement system, the Defendant revoked the details ordered by the said customer and brought about KRW 14,000 from March 1, 2014 to September 25, 2016, cash equivalent to KRW 83,708,000, which was owned by the victim, was stolen on a total of 2,824 occasions, as shown in the list of crimes in the attached Table.

Summary of Evidence

Application of Acts and subordinate statutes on CCTV screen, cancellation of orders, or omission of orders by the police in the police statement protocol against Defendant D’s legal statement

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);

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

3. Article 62(1) of the Act on the Suspension of Execution provides for a large number of reasons for sentencing under Article 62(1) of the Criminal Act, and the amount of theft is large, however, considering the fact that the victim does not want the punishment of the defendant, and that the defendant is the primary offender and reflects, the sentence is determined as ordered

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