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(영문) 서울중앙지방법원 2017.06.22 2017고단2920
절도등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 23, 2017, the Defendant, at around 8:23, 2017, found the following: (a) around 300,000 won of the market price of the victim D’s damage in front of Gangnam-gu Seoul; (b) one car kid in the market price of which is equivalent to 400,000 won of the market price; and (c) one card fluor in the old card 1,100,000 won of the market price of which is equivalent to 80,000,000 won of the market price; and (d) one 7 flus portable phone, one flus portable phone in the market price of which is equivalent to 1,10,000 won of the market price, and one 10,000 won of cash.

Defendant did not take necessary procedures, such as returning the goods acquired as above to the victim, but did not take the necessary procedures, and did so with a total amount of KRW 7,000,000 in the market price by the following methods, such as the List of Crimes.

As a result, the defendant embezzled the assets that have been separated from the occupation of the victims.

2. Larceny;

A. A. On August 2016, around 03:00 on the date of August 2016, the Defendant: (a) accessed the victim G, who was under the influence of alcohol in Feloned Felon located in the exit No. 9 of Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul, to access the victim G, who was under the influence of alcohol; and (b) cut off with 3 mobile phone-phones worth KRW 900,000 in the market price that was left behind.

B. Around December 2016, around 22:00 on the date of December 2, 2016, the Defendant: (a) accessed the victim J, who was under the influence of alcohol in the street near I stations located in Gangnam-gu Seoul, Gangnam-gu; and (b) stolen by having one cellphone in the amount of KRW 900,000, the market price of which was placed adjacent to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to D or J;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report on investigation (victim G phone statement and proposal for return of seized articles);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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