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(영문) 대구지방법원 2016.11.04 2016고단3995
야간주거침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who has worked in a loan office operated by the victim B as an employee.

On April 18, 2016, the Defendant stolen 100 copies of the loan ledger owned by the victim by taking a password from the loan office located in the Daegu-gu Office C 102, Seo-gu, Daegu-gu around 21:00.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, report on investigation - photographs of seized articles;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victims [Scope of Recommendation] Where the mitigation area (8 to one year and six months) (special mitigation) (limited to 4 types) of general property intrudes into places other than indoor residential space [the decision of sentence], the defendant's mistake is divided, the fact that the defendant has no record of punishment for the same kind of crime, the degree of damage is relatively minor, etc., taking into account the circumstances favorable to the defendant, and the sentence identical to the order shall be imposed by taking into account the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the sentencing conditions under Article 51 of the Criminal Act.

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