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(영문) 서울중앙지방법원 2017.02.09 2016고단9042
절도
Text

[Defendant A and Defendant B]

1. The Defendants shall be punished by a fine of KRW 2.5 million.

2. The above fine is imposed on the Defendants.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to imprisonment with prison labor for habitual larceny at the Seoul Central District Court on June 12, 2015 and completed the term of imprisonment on July 27, 2016.

[Criminal facts]

1. On October 17, 2016, Defendant A: (a) discovered that the victim E is under the influence of alcohol in the subway station located in Dongjak-gu Seoul, Dongjak-gu, Seoul; and (b) discovered that the victim E was under the influence of alcohol, the victim’s cell phone with one cell phone of 60,000 won at the market price owned by the victim.

2. Acquisition of stolen goods by Defendant B

A. On October 16, 2016, the Defendant acquired stolen goods at KRW 2.30,00 won, even though he/she knew of the fact that a person who is not aware of his/her name (hereinafter “F”) was the victim G owned by the victim G, which was stolen, within the electric car operated in the direction of the Kimpo Airport Station in the valley No. 5 of the subway No. 5 on a. 16:0,000,000.

B. On October 17, 2016, at the “I” restaurant located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City H around October 17, 2016, the Defendant acquired stolen goods by purchasing KRW 70,000 of the price, knowing that the victim K, who was stolen by J, was stolen at KRW 90,000,000.

3. On October 18, 2016, Defendant C acquired stolen goods at KRW 1.50,000,000, despite being aware of the fact that he/she owned a stolen victim E mobile phone at the market price of KRW 900,000,00,000, which was the victim E, as set forth in the above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G or K;

1. Each protocol of seizure and list of seizure (the list of evidence Nos. 94, 95, 113, 114);

1. Criminal Records as indicated in the judgment (Defendant B): Application of inquiry letter (Evidence No. 26) and investigation report (Evidence No. 30)-related Acts and subordinate statutes, such as criminal history;

1. The pertinent Article of the Criminal Act and Article 329 of the Criminal Act; Defendant A who choose a fine for the crime; Defendant B: each of the above Articles 362(1) and 362 of the Criminal Act.

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