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(영문) 서울중앙지방법원 2016.09.01 2015고단6479

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Embezzlements of lost possession;

A. On August 1, 2015, around 17:00, the Defendant embezzled the property of which the possession of the victim was lost without following necessary procedures, such as acquiring one cellular phone (gallon S4) from which the market price lost by the victim B is unknown, and returning it to the victim, from the front-dong boundary of subway No. 4, the Defendant embezzled the property of which he/she left the possession.

B. At around 05:20 on August 29, 2015, the Defendant, without following necessary procedures such as acquiring a cell phone (observer interview2) with which the victim D lost at the subway 4 line C Stick, and returning it to the victim, embezzled the property that he/she left the possession of the victim, without following necessary procedures.

C. On August 31, 2015, around 13:40, the Defendant embezzled the property that was possessed by the victim, without following necessary procedures, such as acquiring one door from which the market price of the victim E lost in the subway, such as Dara, cards, resident registration certificates, national cards, and flachis, and returning it to the victim, from the view that he/she had, and then, embezzled the property that was separated from the possession of the victim.

2. At around 04:30 on September 1, 2015, the Defendant: (a) reported that the Victim F was under influence of alcohol in a subway station No. 4-line subway No. 37 prior to the exit of subway No. 37; and (b) took away one cellular phone owned by the victim, which was located adjacent to the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement of the E, G, F, and B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (to secure victim's DNA information);

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of each possession is the embezzlement of stolen articles), and each of them;