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(영문) 인천지방법원 2019.11.22 2019고단6000
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 2, 2019, at around 06:22, around July 2, 2019, the Defendant: (a) was “C” where the Defendant on the first floor of the Seo-gu Incheon Seo-gu building was working as an employee; (b) opened a door door using the key hidden in the entrance and opened the door, and intrudes into the building managed by the victim D; and (c) cut off KRW 715,000 in cash owned by the victim E, which was kept in custody of the credit cooperative.

2. Around August 23, 2019, the Defendant: (a) was working as an employee at “G hotel” located in Busan F on August 23, 2019; (b) was stolen by taking out KRW 5,100,000 in cash, which was kept in the Defendant’s hotel manager, by taking advantage of the gaps in surveillance negligence; and (c) was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each CCTV closure photograph (No. 7,19 No. 19);

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 (Aggravation of concurrent crimes prescribed in paragraph (2) of the same Article with the largest punishment) of the Criminal Act;

1. One month to nine years from the date of imprisonment in the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime (the sentencing criteria for larceny under paragraph (1) at the time of sale) [the crime of larceny shall not be treated as a majority crime in the relation of concurrent crimes, but be classified as a type of larceny in the relation of substantial concurrent crimes; hereinafter the same shall apply]. The types of larceny in general property [the category 4], the crime of larceny in general property [the crime of larceny 2], the crime of larceny in case of intrusion in case of intrusion in places other than indoor residential space: 3) the area of recommendation and the area of mitigation of recommended punishment (the amount of imprisonment between August and June);

(b) One type of concurrent crimes (the theft of paragraph 2 at the time of sale).

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