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(영문) 서울북부지방법원 2015.11.26 2015고단3221
절도등
Text

A defendant shall be punished by imprisonment for seven months.

The seized evidence Nos. 1 through 4 shall be returned to a person who has lost the name of the victim.

Reasons

Punishment of the crime

[criminal power] On April 22, 2011, the Defendant was sentenced to three years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Seoul Northern District Court, and completed the execution of the sentence in the Western Prison District Court on January 1, 2014. On March 3, 2015, the Defendant filed a petition with the said court for a new trial on the said final judgment, and on May 18, 2015, on May 22, 2015, the Defendant was still pending in the appellate court at the present high court after the prosecutor filed an immediate appeal against the said decision.

The order of the court below was reversed in the above appellate court's decision (Seoul High Court Order 2015Ro172 dated October 8, 2015), and the request for retrial was dismissed.

【Criminal Facts】

The defendant committed the following crimes under the conditions that the defendant has no ability to discern things or make decisions due to shocking and disturbance, etc.:

1. On September 4, 2015, at around 22:00, the Defendant: (a) opened a door that was parked in a multi-household housing parking lot located in 16, Dobong-gu Seoul Metropolitan City Do Do 13 Babro 13, and then cut off a 14K gab in the aggregate amount of the market price owned by the victim, which is located in the front custody box, of the victim’s share of KRW 600,000,000.

2. On September 8, 2015, the Defendant found at around 22:30, a 500 won unit per 11,100 won unit per 72,50 won unit per 72,50 won unit per 72,50 won unit per 12,930 won unit per 12,930 won unit per 12,930 unit per 12,930 unit unit per 12,930 unit unit, where the victim’s name was lost in front of the F dental clinic building located in Dobong-gu Seoul Metropolitan Government.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

3 The Defendant who attempted larceny at around 02:35 September 9, 2015, is the victim H, who was parked in the front road of Dobong-gu Seoul Metropolitan Government, and Imaz.

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