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(영문) 서울서부지방법원 2017.02.03 2016고단3922
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who worked for the “E convenience store” operated by Seodaemun-gu C victim D (35 tax) located in Seodaemun-gu from September 11, 2016 to September 22, 2016 as an employee.

1. The Defendant: (a) within around 04:43 on September 2, 2016, the amount equivalent to KRW 1,882,400 in cash at a Kashter’s treasury using any cresh without any victim; (b) the amount equivalent to KRW 45,00 in the market price of tobacco in the display stand; and (c) the amount equivalent to KRW 2,500 in the market price of Chapter 1 in the Twitter’s transportation card (credit card number (F).

They go back.

As a result, the Defendant stolen the amount of KRW 1,929,900 owned by the victim.

2. The Defendant, at the same time and place as indicated in the foregoing paragraph 1 at the same time and at the same place as indicated in the foregoing paragraph 1, laid off a stolen transportation card onto the charging machine of the transportation card, and charged KRW 90,000 on a calculated-based computer.

Accordingly, the defendant acquired property benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (the relative investigation of a victim), a report on investigation (the confirmation of the criminal scene), and a report on investigation (the statement by a victim relating to the determination of the amount of

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Under the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, a sentence shall be imposed by taking into account the circumstances, Defendant’s age, sexual conduct, environment, and circumstances after committing the crime, etc. - unfavorable circumstances - the circumstances that have been punished twice due to the same veterinary act (one time of fine, one time of suspended execution) - the circumstances that are favorable to the fact that the damage is not recovered - the circumstances that are against mistake that are favorable to the fact that the damage is not recovered - the fact that it appears to lead to the previous crime; suspended sentence for the previous crime.

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