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(영문) 부산지방법원 2016.09.28 2016고단3055

절도등

Text

A defendant shall be punished by imprisonment for one year.

The seized evidence Nos. 1 through 19 shall be returned to the victims' names and unclaimed boxes, respectively.

Reasons

Punishment of the crime

1. On September 1, 2015, the Defendant: (a) opened a door of a vehicle without a victim’s name and a non-brupted passenger car owned by the victim’s non-brue, parked in the Busan Urban Complex C, Busan, on or around September 0, 2015; and (b) removed a 80,000 won in cash and a brupt card inserted in the brue box.

They go back.

As a result, the Defendant, including theft of the victim’s property, stolen the total amount of 7,979,000 won from the time to June 1, 2016, such as the list of crimes, from that to June 1, 2010.

2. Embezzlements of deserted articles in possession;

A. On October 23, 2015, the Defendant: (a) on October 23, 2015, found one bank of cash 500,000 won and one bank of BMW vehicle, which was lost by the Victim F in front of the E convenience store located in Busan-gu Busan-gu, Busan-do; and (b) around October 23, 2015, one bank was found to have one of the two keys.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

B. On October 2015, the Defendant: (a) found one of the keyss to the NA that was lost by the victim of the name in front of the “H” located in Busan Dong-gu, Busan on October 1, 2015, around 04:00; (b) around October 2015.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, F, J, K, L, and M;

1. Each report on occurrence (thief) and investigation report (No. 29 of evidence);

1. A report on the results of field identification;

1. Inquiries into the detailed statement of notification of each damage;

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

1. Article 329 of the Criminal Act (a point of view) and Article 360 (1) of the Criminal Act concerning the facts constituting an offense (a point of view) of the relevant Act;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.