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(영문) 서울동부지방법원 2016.09.12 2016고단2283
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Embezzlements of deserted articles in possession;

A. On October 11, 2015, at around 12:00, the Defendant: (a) obtained one copy of the Korean physical card (D) that the victim C lost on the street near the station and embezzled the property that he/she would have, and as it is, have.

B. On December 12, 2015, the Defendant acquired one credit card (F) from which the victim E lost at the place indicated in the foregoing paragraph (a) and embezzled the property that he/she lost, citing as his/her own idea, and as it is.

2. Larceny;

A. On June 29, 2016, at around 03:00, the Defendant: (a) committed a theft, leading up to the victim H’s market price of KRW 700,000,000, which is the victim H owned by the victim, that was installed without correcting the gap in the bicycle storage column of the Mapo-gu Seoul Metropolitan Government G Lending parking lot.

B. On July 3, 2016, at around 03:00, the Defendant cut down the locks using a lock machine prepared in advance for a 3.50,00 won test color “sing machine” bicycle straw at the victim J-owned market, where the surrounding human body was corrected in the 101 front bicycle storage unit of Seodaemun-gu Seoul, Seodaemun-gu I apartment house 101.

(c)

On July 7, 2016, at around 13:54, the Defendant: (a) cut the locks using a locked machine prepared in advance to prepare one bicycle for the victim K, the market price at which the victim K, who was installed and installed in the bicycle storage stand in Mapo-gu Seoul Metropolitan Government GGGGG car, was corrected by locks; and (b) cut the locks using a locked machine prepared in advance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of J, C, E, K, and H;

1. Police seizure records;

1. Application of each CCTV image photograph and the Acts and subordinate statutes governing bicycles;

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act concerning the selection of a penalty (the point of embezzlement of deserted articles in possession), Article 329 of the Criminal Act (the point of intention in Section 3), and the choice of imprisonment, respectively;

1. Aggravation concurrent crimes;

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