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(영문) 서울중앙지방법원 2016.10.19 2016고단6255
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Larceny;

A. At around 23:00 on August 8, 2016, the Defendant discovered that the victim C was under influence of alcohol in front of the entrance route of subway station No. 6, subway station located on the upper roads of Dongjak-gu Seoul Metropolitan Government, and accessed the victim, thereby bringing the victim into one of the Samsunggal jugno 2 mobile phones equivalent to one million won at the market price.

B. At around 02:40 on August 23, 2016, the Defendant discovered that the victim F was under influence of alcohol on the front side of the E pharmacy located in Gwanak-gu in Seoul Special Metropolitan City, and accessed the victim, and stolen the victim’s access to one sampling bank equivalent to KRW 300,000,000,000, the market value of which is the owned by the Defendant, one sampling North Korea, one gold sheet, one gold sheet, one cash sheet, four hundred thousand won, and four mobile phone distribution market value.

2. Embezzlements of lost possession;

A. On June 23, 2016, the Defendant, at the early 23:00, embezzled one of the keys to the vehicle owned by the victim due to his name in front of the entrance route No. 8, the subway Seoul Special Metropolitan City, Seocheon-dong, without following necessary procedures, such as acquiring one of the keys to the vehicle owned by the victim due to his name and returning it to the victim.

B. On July 16, 2016, the Defendant, at the Dongjak-gu Seoul Metropolitan Government Madropool 94, embezzled the victim G on its event level, without undergoing necessary procedures, such as acquiring a gallon LTE cell phone of an amount equivalent to 1.6 million won the market value, and returning it to the victim, at the Dongjak-gu Seoul Metropolitan Government Madropool 94.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and C;

1. Extraction photographs of each CCTV image;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles 329 and 360 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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