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(영문) 서울북부지방법원 2016.10.14 2016고단3281

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. From May 3, 2016 to June 17, 2016, the Defendant: (a) around 17:23, 2016, up to 17:7:90,00 won in total on seven occasions, such as the list of crimes in the annexed sheet, the Defendant saw the victim’s crepane in the first floor of the Seoul Southernbuk-gu Seoul Northern District, where the victim E was placed adjacent to another victim, the victim’s market value was 800,000 won.

Accordingly, the defendant stolen the victims' property.

2. Around 07:00 on July 23, 2016, the Defendant acquired one gallon 7 mobile phones owned by the victim under his/her name in front of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul, which was the victim under his/her name lost.

The Defendant did not take necessary procedures, such as returning the 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. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Copy of the police investigation protocol concerning H; and

1. Written statements of E, I, J, K, L, and M;

1. In the application of statutes, one copy of the investigation report (in the case of cellular phone photographs obtained by the suspect) and the gallon No. 4 and the LG options beauty 2 photograph (the prosecutor seeks the confiscation of evidence No. 1. However, such as the seizure report, all evidence by which evidence No. 1 can be identified as being subject to confiscation is not submitted. For this reason, the evidence No. 1 cannot be determined as being subject to confiscation, and thus, the confiscation disposition shall not be taken).

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. From among concurrent crimes, crimes falling under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, crimes falling under the first sentence of Article 38(1)2 of the Criminal Act [the scope of recommending punishment] and the second category of basic area (6 to 16 months) of theft in general property.