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(영문) 서울중앙지방법원 2016.11.22 2016고단7143
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 8, 2011, the Defendant was sentenced to six months in Seoul Southern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to six months in imprisonment with prison labor at the Seoul Western District Court on March 14, 2013, and was sentenced to ten months in imprisonment with prison labor at the Seoul Western District Court on November 28, 2014, and completed the execution of the sentence at the Ansan Prison on August 13, 2015.

1. On September 27, 2016, the Defendant: (a) found one of the influent LG Clas smartphones smartphones in the city where the victim C lost at the near of the bus stops located in the address of Seoul and below the Seoul.

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.

2. On September 28, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) around 08:09, around 08:09, the Defendant carried one of the five smartphones equivalent to one million won in the market value of the victim, which is located adjacent to another victim, located adjacent to the Egalle or male water surface room located adjacent to another victim in Seocho-gu Seoul Metropolitan Government D underground.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the F;

1. Seizure records;

1. CCTV photographs;

1. Previous records of judgment: Application of criminal records, references to criminal records, status of personal confinement, investigation report (former records, summary order, attachment of judgment) and Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 360 (1) of the Criminal Act (the occupation of embezzlement of

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the long-term punishments of the crimes concerned);

1. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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