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(영문) 의정부지방법원 2016.06.10 2016고단1138
절도
Text

A defendant shall be punished by imprisonment for one year.

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

From October 31, 2011 to January 26, 2016, the Defendant served as a suspended member in victim D Co., Ltd., and was in charge of delivering food supplies to the schools of the Guri-ri and Namyang-ri.

On September 24, 2015, at around 11:53, the Defendant: (a) confirmed the order of food materials ordered at the victim’s food storage, such as the F middle school in charge, and stolen food materials from the point of view of the G freezing to the point of loading the relevant food materials on the vehicle of the G freezing tower, the Defendant: (b) stolen the beer oil and the teach wre, which is not the item ordered; and (c) subsequently, from November 25, 2015 to November 12:10 of the same year, the Defendant stolen the amount of KRW 16,406,098 owned by the victim on 23 occasions, such as the food materials indicated in the list of crimes, in the same manner as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. Details of inquiries into vehicles under the case;

1. Investigation report (the analysis of ctv images submitted by victim H);

1. On-site photographs of the case;

1. Application of the crime sight table submitted by the victim, the name of the victim and the amount of damage, the courses and items ordered at the time of the case A by the suspect A, and the Acts and subordinate statutes governing the duties of the suspect;

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

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (6 months to one year and six months) of the two types of (general larceny) general property [decision of sentence] Imprisonment for one year, suspension of execution two years, community service work 200 hours disadvantageous: The defendant is an employee of the victim company and has repeatedly stolen food materials, etc. over a long period of time: The defendant has no other criminal history except the disposition of one-time suspension of indictment, deposit money, considerable amount of money, and reflects his age, sexual behavior.

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