logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.29 2016고단2324
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 with 'D' 1' operated by the victim C in Busan Jin-gu, Busan and 'D' 2' operated by the victim F in Busan Jin-gu, and 'D' operated by the victim F in Busan Jin-gu, and working as an employee.

1. On July 15, 2014, the Defendant: (a) around 21:00 on July 15, 2014, 1; (b) around 21:00, the Defendant was working as a restaurant employee at a restaurant; (c) the victim C and other employees took out cash amounting to KRW 35,000,000, which was paid to customers by taking advantage of the gaps in which management was unfolded or neglected.

From January 31, 2015 to January 21, 2015, the Defendant stolen cash equivalent to KRW 10,610,000 through 133 times in total, such as the list of offenses (1) in attached Form 1.

2. On July 31, 2014, the Defendant: (a) around 21:00 on July 31, 2014, when the Defendant was working as a restaurant employee at a restaurant, other employees used the gaps in which the other employees were locked or neglected to manage, thereby bringing the victim F and other employees into cash equivalent to KRW 35,000 of the food settlement amount received from customers by making use of the gaps in which the management was neglected.

From January 19, 2015 to January 21:00, the respondent stolen the cash amounting to KRW 725,000 by the same method over 13 times in total, as shown in the List of Offenses (2).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Details of cancellation of sales;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to nine years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the mitigated area (the general larceny) of the two types of larceny for general property.

arrow