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(영문) 대구지방법원 2016.09.30 2016고정932
절도등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Records] On August 25, 2016, the Defendant was sentenced to a suspended sentence of six months for larceny, etc. at the Daegu District Court on the same year.

9.2. The judgment became final and conclusive.

[Criminal facts] The defendant is an unqualified person

From June 2013, the Defendant, a security company managing Daegu Suwon-gu B apartment, worked as security personnel from “C,” and did not return the posters card and key that could open all joint locking devices of the apartment that was paid for the performance of duties after his retirement from May 2015.

Defendant 1’s attempt to steal another’s property by using the aforesaid master card, key, etc.

A. (1) On March 8, 2016, the above apartment 103 entrance doors of the above apartment 103: (2) on the 10:00 am of the same month, and (2) on the 10:0 am of the same month, by the above method;

B. (1) Intrusion as referred to in paragraph (1) (a) above, the entrance door of the 4th floor unit female room of the above apartment building was opened using the posters, and was cut off in the amount of 50,000 won in cash located in the victim D, and (2) as referred to in paragraph (1) (a) above, the intrusion as referred to in paragraph (2) above, and the entrance door of the 3rd floor unit male room of the above apartment apartment building was cut off in 50,000 won in cash located in the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to D or F;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines for each crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The latter part of Article 39(1) of the Exemption of Punishment Act (the crime of this case was committed at the same time as the crime subject to the above final judgment in the nearest manner to the same method as the crime subject to the above final judgment, and all of the victims agreed with it, and erroneous.

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