서울중앙지방법원 2016.05.30 2016고단1702



A defendant shall be punished by imprisonment with prison labor for up to six months.

The seized No. 3 (HEGREN) shall be returned to the injured party’s name.


Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Seoul Central District Court on September 9, 2015, and on March 1, 2016, the Defendant completed the enforcement of the sentence at the Seoul Detention Center.

1. Larceny;

A. On March 18, 2016, at around 22:45, the Defendant found the victim C who was locked under the influence of alcohol in front of the bus stop located in Gangnam-gu, Seoul, and took off one cell phone (LG-240S) at the market price (LG-240S) of the victim’s possession, the victim was approaching the victim’s side gate.

L. A. L. theft was committed.

B. On March 22, 2016, at around 00:44, the Defendant found in front of the EF Research Institute located in SeoulD, and found the victim G, who is a son in F and Sari village, and took a fighting team, and took a fighting team back one of them at the market price, which is the victim’s market located in the outer lusium where the victim was deprived of the victim’s floor.

L. A. L. theft was committed.

2. Around 02:00 on March 18, 2016, the Defendant found one bank (HEGREN) that lost the victim’s name in front of the resident’s license, as the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu 273 Banpopool.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. Each report on investigation;

1. Each protocol of seizure;

1. CCTV images, thie CCTV images, and seized objects photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, each investigation report (the confirmation of a suspect A's criminal record and the date of release, and attachment of a criminal suspect A's criminal record and a summary order);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. Application of the sentencing criteria: