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(영문) 서울중앙지방법원 2015.11.30 2015고단6549

절도

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 27, 2015, at around 01:00, the Defendant, at around 01:00, went to his own idea without following necessary procedures, such as acquiring one cell phone at the time of Samsung Ggallon, the market price of which is equivalent to KRW 800,000,000, issued by the victim C, which was taken by the victim C, as a customer, from the Sungnam Station to the new dong Station, to the new dong Station.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A person who has found any thing that has been lost by another person for sentencing reasons in Article 334 (1) of the Criminal Procedure Act of the provisional payment order shall promptly return it to the lost person, owner or other person who has the right to claim the recovery of article or submit it to the police station, etc.

(Article 1(1) of the Lost Articles Act. On the other hand, a manager of a ship, a vehicle, a building, or any other person who acquires another person's goods in a Gu in which the passage of the general public is prohibited shall hand over such goods to the manager (Article 10(1) of the Lost Articles Act), and a taxi driver is the manager of the vehicle under the relevant Lost Articles Act.

Given the characteristics of the taxi transport means, taxi drivers and minority passengers are in a narrow space where they are isolated for a considerable period of time. As such, as well as a manager of a vehicle under the Lost Articles Act, the case where a taxi driver who has formed a meaningful relationship with passengers is embezzled as it is, and the case where a taxi driver finds and wrongfully appropriates goods that are fall on the roads where a third person is found and embezzled, it cannot be deemed the same in terms of social criticism.

The age, character and conduct of the accused in the following circumstances: