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(영문) 인천지방법원 부천지원 2016.06.29 2016고단1111
절도등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant of larceny: (a) in front of the dynamic district district park located in the square of Bupyeong-gu, Incheon, Seo-gu, Incheon on July 3, 2015, the Defendant: (b) one gallon of S6 mobile phone at the gallon of an amount equivalent to KRW 1,000,000 in the market value of which is located in the space where the Victim K makes a campaign by bringing the victim K to the callon of the park; and (c) one gallon of a gallon of an amount equivalent to KRW 1,00

In other words, they stolen them.

The Defendant, including the above crime, stolen another’s property worth KRW 2,130,000, total market price from around May 18, 2016 to around May 18, 201.

2. The Defendant, on October 21, 2015, acquired a new card lost by the victim E in the lot located in Gangseo-gu Seoul Gangseo-gu 38, Gangseo-gu, Gangseo-gu, Seoul around October 21, 2015.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

Defendant, including the above crime, from May 12, 2016 to May 12, 2016, acquired the lost property of another person on six occasions as indicated in the list of crimes in the attached Table (2), and embezzled the same.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement against K, L, or M;

1. Application of Acts and subordinate statutes to entries in the seizure protocol;

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 deserted articles in possession), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. Circumstances favorable to the reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act: The Defendant committed several offenses under similar veterinary laws for a considerable period of time. The Defendant committed several times.

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