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(영문) 서울중앙지방법원 2014.05.30 2014고단2292
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person working as an employee in a mutually named restaurant of “D” operated by the victim C in Dongjak-gu Seoul Metropolitan Government from August 19, 2010 to July 10, 2013.

1. On April 6, 2011, the Defendant, at the above restaurant around 03:09, went back to the cash in the possession of the victim in a credit cooperative where the Defendant was able to work at night in a mixed restaurant.

2. The Defendant, at around 04:49 on the same day, changed the cash in the possession of the victim in the same way as that of the above paragraph 1.

3. On April 7, 2011, at the above restaurant around 02:30 on April 7, 201, the Defendant changed the cash in the possession of the victim in the same manner as the above paragraph (1).

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 48, 77 pages);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

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

1. Type 1 (Scope of Recommendation) of the Reasons for Sentence 2 of Article 62-2 of the Social Service Order Criminal Act: Type 2 (General Larceny) of the Fundamental Field 2 (General Larceny) [Scope of Recommendation Punishment] [The scope of Recommendation Punishment] of the Crimes in Type 2 (General Larceny) of the Basic Field (6-1 and 6 months), the Basic Field (6 months to 6 months), the Basic Field (General Larceny) of the 3 [the scope of Recommendation Punishment] of the 3 Crimes / [the scope of Recommendation Sentence 6-1 and 6 months] of the 2nd Basic Area (General Larceny) of the 2nd Basic Area (General Larceny) of the 3nd General ] of the 1999 Punishment of the Social Service Order Act [the scope of Recommendation Punishment] of the 6-2nd and 2nd nine months [the Decision of Punishment] of the 6-year Criminal Act], the Defendant has no history of the same crime, and the frequency of the crimes in this case.

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