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(영문) 수원지방법원 2019.10.17 2019고단3533
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 8, 2019, at around 03:13:00, the Defendant: (a) went to work as an employee from YY-gu, Gyeonggi-si; (b) on June 8, 2019, the Defendant left KRW 570,000,000, cash owned by the victim C, which was kept in a large amount of depository.

Accordingly, the defendant stolen the victim's property.

2. On June 20, 2019, the Defendant, around 19:30 on June 20, 2019, went to work as an employee in the Gyeonggi-si, Gyeonggi-si, and the Defendant: (a) went to take out KRW 470,000 in cash owned by the victim E, and KRW 1 million in cash owned by the victim F, who is the above hotel owner, to pay public charges and other public charges.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. C’s statement;

1. Report on internal investigation (on-site inspection and CCTV verification), investigation report (related to CCTV in the field), investigation report (investigation into the specific amount of damage);

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, who was sentenced to the suspension of indictment for the same kind of crime, has committed a crime in the same kind of crime and is not committed again.

However, under the favorable circumstances, the fact that the defendant's mistake is recognized and reflected, there is no record of punishment more than a fine, and the victims do not want the punishment of the defendant by the unanimous agreement between the victims and the victims shall be considered, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments.

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