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(영문) 인천지방법원 부천지원 2014.06.18 2014고단912
절도등
Text

A defendant shall be punished by imprisonment for six 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. At around 04:30 on May 2, 2014, the Defendant: (a) discovered the E-mail vehicle parked on the street in front of the Ocheon-gu, Ocheon-gu; and (b) carried the 200,000 won of the market price, which is the victim F owned by the Defendant.

2. Embezzlements of lost possession;

A. On October 2013, between around 23:0 to 24:00, the Defendant embezzled the victim’s G at the front of the modern apartment zone located in Busan Bupyeong-gu, Busan, without following necessary procedures, such as acquiring a cellphone of KRW 500,00 at the market price of the loss of the victim’s G at the front of the modern apartment zone, and returning it to the victim.

B. On March 16, 2014, the Defendant, at around 16:00, embezzled her thought he/she had without following necessary procedures, such as acquiring one copy of the No.C. card lost by the victim C, and returning it to the victim, in front of the Gansan-dong, Bupyeong-gu, Incheon, Bupyeong-gu.

C. On March 14, 2014, at the end of 14:00, the Defendant: (a) did not take necessary procedures, such as acquiring one Samsung Card lost by the victim H; and (b) returning it to the victim; and (c) embezzled the Defendant’s thought he/she had.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement made by the prosecutor to the prosecution;

1. Statement of the police statement;

1. Each statement of F, G and H;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Application of investigation reports (influence of the identity of the victim of the Nonghyup Card in possession of a suspect);

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 (a point of embezzlement of stolen articles), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Confiscation Article 48 of the Criminal Act

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