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(영문) 서울동부지방법원 2018.02.09 2018고단30
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. On November 24, 2017, the Defendant: (a) around 13:00, at the front bicycle storage stand in Dongdaemun-gu Seoul, the victim D laid his cell phone on the bicycle b and stolen it with a mobile phone owned by the victim by using the gaps in which the victim D laid off the cell phone on the bicycle boo; and (b) thereby theft it.

B. On December 22, 2017, at around 17:20 on December 22, 2017, the Defendant used a gap of care negligence in G stores operated by the victim F in Seongdong-gu Seoul, Seongdong-gu, Seoul, in which the Defendant stored and stolen goods equivalent to KRW 34,020 in the sum of 34,020, i.e., i., e., g., g., g., g., g., g., g., g., one

2. The Defendant assaulted the victim in light of the victim’s face and kneekne, on the ground that the victim F (35 years of age) and knee, while talking about the theft case at the time and place indicated in the above paragraph 1-B.

3. Embezzlements of deserted articles in possession;

A. From September 28, 2017 to September 30, 2017, the Defendant embezzled the victim’s market value in front of “I cafeteria” located in Gangnam-gu Seoul, Gangnam-gu, without following necessary procedures, such as acquiring a victim’s 7.90,00 won of a son’s cell phone owned by the victim J, and returning to the victim.

B. On November 9, 2017, the Defendant: (a) obtained one gallon at the market price of the victim’s lost L in Jung-gu, Seoul; and (b) did not take necessary procedures, such as returning it to the victim; and (c) embezzled the victim’s thought he/she had, without taking necessary procedures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, J, L, and F;

1. A protocol of seizure and a list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 360 of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 360 of the Criminal Act (the point of embezzlement of deserted articles in possession), and the choice of imprisonment

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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