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(영문) 대전지방법원 2014.05.15 2014고단779
절도
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant served as an employee at the “Ecafeteria” managed by the victim D in Daejeon Jung-gu, Daejeon.

At around 20:00 on December 26, 2013, the Defendant: (a) stolen 30,000 won in cash owned by the victim by opening a safe in which the victim opens the said restaurant in a cresh and concealing it.

From around that time to January 8, 2014, the Defendant carried out the cash amounting to KRW 1,683,000 in total at the above “E restaurant” over 22 occasions, as shown in the attached list of crimes.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos. 2);

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order shall be determined as ordered in consideration of the following circumstances.

A previous offense, once a suspended sentence of the same kind of fine, three times a fine for the same kind of fine, once a suspended sentence of the same punishment, and four times a fine for the same type of fine for the previous five years or less: The facts of the crime are recognized and reflected in the case of a fine; the damaged circumstances of the agreement with the victim are minor, but the damaged amount is minor, and other factors such as the defendant's pregnancy and health conditions.

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