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(영문) 서울중앙지방법원 2013.11.14 2013고단6067
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Larceny;

A. On September 8, 2013, the Defendant committed the crime on September 8, 2013, around 06:12, 2013, on the platform of the subway red transit area in Mapo-gu Seoul Metropolitan Government 165, the Defendant stolen the victim C (25 years of age) by putting his hand on the part of the victim’s balths, and galtholand mobile phone (500,000 won at the market price) by taking off the victim’s balths in the part of the baltholand.

B. On September 10, 2013, the Defendant committed the crime on September 10, 2013, around 00:22, at the subway station platform located in the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, 5-1, the victim D (year 44) seated in a brupted so as to be under the influence of alcohol and was stolen by using the gap in which the victim D (year 44) sited in a brush, using one 10,000 won in cash, resident registration certificate, driver's license, and credit card, each of which was contained in one wall.

2. Embezzlements of lost possession;

A. On September 16, 2013, the Defendant, starting from the subway Young Station around September 16, 2013, and then embezzled R3 mobile phones from the subway station to the viewing station without following necessary procedures, even if the victim E (the age of 28) was lost (the age of 30,000 at the market price of 30,00 won) in the previous dong, and then returned it to the victim.

B. On September 17, 2013, the Defendant, starting from the subway viewing station around 00:30 on September 17, 2013, the Defendant embezzled the option machine prone phone (an amount equivalent to 9.60,000 won at the market price) whose victim F (the age of 19) was lost within the electric train, without going through necessary procedures, such as returning the same to the victim, even though he/she came to acquire from the subway viewing station and going to the red transit area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on D, C, E, and F;

1. Seizure records;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV photographs attached thereto), investigation reports (transportation card confirmation);

1. Relevant Article 329 of the Criminal Act, Articles 329 and 360 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Probation;

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