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(영문) 서울중앙지방법원 2016.07.08 2016고단3417
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a foreigner of monmon nationality, committed a theft of things against those who were living in the train.

1. A thief: (a) around 23:00 on May 20, 2016, the Defendant: (b) discovered the victim D who was seated and was seated in the new forest railway station located in Guro-gu Seoul Metropolitan Government; (c) found the victim D inside the subway 2 line, seated next to it; and (d) stolen the victim’s vehicle with Samsung 7,000,000 won at the market price of the victim’s possession located far away from the seat.

2. The Defendant attempted larceny: (a) around 00:50 on May 21, 2016, the Defendant discovered the victim E who was seated and was seated in the train outside the subway line No. 2 of the subway line, which was located in Yeongdeungpo-gu Seoul Metropolitan Government and led to a new provincial forest, and then became cash and 7,000 won and resident registration certificates, and the market price of 20,000 won of the victim’s market price owned by the new card, on the ground of the victim’s standing on the part of the passenger.

In addition, even though the police officer tried to steal it, he did not have the intention to arrest the police officer on the job but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

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

1. Investigation report (to hear statements by police officers arrested in the act of committing an offense and report thereon);

1. A protocol of seizure and a list of seizure;

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

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of Section 329 of the Criminal Act), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, 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. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending punishment] thief on general property / [the scope of recommending punishment] has no basic area (6 months to 1 year and 6 months) / [the person who is subject to special sentencing] / The decision of sentencing is recognized and reflected in the crime.

There is no previous conviction in Korea.

The stolen mobile phone shall be seized to the victim.

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