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(영문) 광주지방법원 2019.09.27 2019고단1156
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around December 19:17, 2018, the Defendant, as a delivery source of Chinese restaurant “B,” caused a mistake to the D office located in Gwangju Mine-gu, Gwangju, and the employees of the said company stolen the said company with one BC credit card (credit card number: F) under the name of the said company managed by the victim E, who had been on his books using the gaps outside the office.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes on CCTVs for internal investigation reports (the confirmation, etc. of victims and on-site CCTVs), access to suspects, and for committing crimes;

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order comprehensively takes into account various sentencing conditions as shown in the records and arguments of this case, including the nature of the crime of this case, the degree of damage and whether the crime of this case were restored (in light of the agreement with the victim, etc.), the criminal records of the defendant (including several times of punishment for the same kind of crime), age, environment, motive, means and result of the crime, and the circumstances after the crime.

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