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(영문) 창원지방법원 진주지원 2016.08.17 2016고단431

절도미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 431]

1. On September 24, 2015, the Defendant attempted to larceny: (a) in front of the Jinju City Building C, the Defendant opened a driver’s seat not corrected between the rear seat of his/her E-car owned by the victim D and attempted to commit a theft, with three copies of new global gift certificates worth KRW 150,000 in total face value, KRW 6 per share value, KRW 25,000 in face value, and KRW 10,000 in a resident registration certificate, and KRW 10,000 in a market value with one resident registration certificate, and the Defendant failed to commit a theft.

2. Embezzlements of deserted articles in possession;

A. On July 2015, the Defendant: (a) found one smart key of a vehicle with a 60,000 won or more at the market price owned by a person who was lost his/her name on the street located in the male Dong located in Jinju-si; (b) did not take necessary procedures, such as returning the acquired property to the victim; and (c) embezzled on his/her idea that he/she had.

B. On August 20, 2015, the Defendant, at around 21:00 in the middle of Jinju-si, found one yellow-fluort drive 5,00 won at the market price owned by a person who was lost his/her name in the street near G located in G, G, G, and embezzled the acquired property on his/her own without following necessary procedures, such as returning the acquired property to the victim.

(c)

On December 2, 2015, the Defendant: (a) obtained one unit of Samsung Smartphone, the market value of which is equivalent to KRW 400,000,00, in which the victim H lost at the crosswalk in the vicinity of the YY-dong located in Jinju-si, Jin-si; (b) did not follow necessary procedures, such as returning the acquired property to the victim; and (c) embezzled the acquired property on one’s own.

[2016 Highest 594] The Defendant found a parked passenger car at the I Nom, 24:00 on September 2015, 2015, and opened an unrectal chief door and did not correct it.