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(영문) 서울동부지방법원 2013.07.24 2013고단1090
절도등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On September 22, 2012, the Defendant: (a) opened a driver’s seat, which was not corrected in the passenger car in Gangdong-gu Seoul Metropolitan Government, in order to verify the identity of the victim F at the Escopian parking lot located in Gangdong-gu, Gangdong-gu, Seoul; and (b) searched the victim’s vehicle by following the goods storage box installed in front of the top of the passenger car.

2. The Defendant discovered and stolen a receipt of acquisition tax payment slip and a receipt of the payment slip owned by the victim, on which the above victim’s personal information was entered in the said victim’s storage box, at the same time and place as above, and brought about the theft.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Part of the police statement concerning F;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Relevant provisions of the Criminal Act and Articles 321 and 329 of the Criminal Act that apply to criminal facts;

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

1. Two months of imprisonment to be suspended;

1. As to the Defendant’s assertion of Article 59(1) of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2009Da15488, Apr. 1, 2009) of the suspended sentence (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 2009) of the Act on the Punishment of Pronouncement, the Defendant asserted that the Defendant’s act constitutes a self-help or a legitimate act and thus, the illegality of the Defendant’s act is dismissed.

Even if the defendant's assertion was based on the above facts, the defendant's arbitrary search of the automobile owned by him without the F's permission and with the above receipt.

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