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(영문) 서울중앙지방법원 2017.03.07 2016고단5937
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 17, 2016, at around 02:45, the Defendant: (a) accessed the gap in which the victim D was under the influence of alcohol on the roads front of Gwanak-gu in Seoul Special Metropolitan City, thereby putting the victim into a bank in possession of the Defendant, one cell phone distribution box with an amount equivalent to KRW 100,000, the market price of which is equivalent to KRW 30,000, and one cell phone distribution box amounting to KRW 12,000, the market price of which is equivalent to KRW 120,000.

Accordingly, the defendant stolen the victim's property equivalent to the total amount of 155,000 won in the market.

2. Around 20:00 on August 2016, the Defendant embezzled that he/she would have a 500,000 LG G3 mobile phone in the Dokcheon-dong, Gwanak-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”)’s market value of KRW 500,000, and embezzled that he/she would have.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Police seizure records;

1. Each investigation report (the sequence 10, 13 of the evidence list);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 360 (1) of the Criminal Act (a point of intent) and the choice of imprisonment, respectively;

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2 and Article 50 or more of the Criminal Act for the aggravation of concurrent crimes;

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