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(영문) 서울서부지방법원 2017.03.22 2016고단3750

절도

Text

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

Reasons

Punishment of the crime

1. On November 20, 2016, the Defendant, at the “D” club located in Mapo-gu Seoul Metropolitan Government around 03:00 on November 20, 2016, taken off one of the mobile phones 6.70,000 won at the market price, which is the victim’s ownership of the victim E, by an insular means.

In other words, they stolen them.

2. The Defendant, at around 05:00 on November 20, 2016, removed from “D” clubs, such as Paragraph (1) of the same paragraph, one set of 4 mobile phones per 900,000 won at the market price, which is the victim’s possession of the victim F money, by an insular means.

In other words, they stolen them.

3. The Defendant, at around 05:00 on November 20, 2016, took part of 6 mobile phones of which the market price at which the victim G was put into the main machine owned by the victim G in around 05:0,00, by an insular phone of 80,000 won.

In other words, they stolen them.

4. On November 20, 2016, the Defendant: (a) taken out one cell phone from 7 mobile phones in an irregular manner at the market price, which is the victim’s possession, who was in an influence of the victim’s name at the scene of an influence.

In other words, they stolen them.

5. The Defendant, at around 07:30 on November 20, 2016, up to 07:0, up to 70,000, set up one mobile phone with a 60-phone mobile phone equivalent to KRW 700,000, a market price of the victim’s possession, which is the victim’s own money, while drunkly drinking to the victim H who was engaged in a man-made game from the “redi Children’s Park” side of the “Sari Children’s Park” located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government.

In other words, they stolen them.

Summary of Evidence

1. The legal statement of the witness H and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E, F, and G;

1. Police seizure records;

1. Application of statutes on site photographs;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection of Punishment of Imprisonment)

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, when the defendant stays in the Republic of Korea as an applicant for refugee status, he/she was in possession of the victims by using a gap in surveillance in the club on the day of the instant crime or by approaching a breath under influence of alcohol

Hands theft of Handphones.