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(영문) 서울동부지방법원 2016.03.24 2016고단392
절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. A thief finds out that there is a space in the back of the vehicle’s “GIVNNCH” parked at the front of Seoul Special Metropolitan City Gwangjin-gu, on January 1, 2016, the Defendant: (a) discovered that there is a space in the front of the vehicle’s number fluor; and (b) then, using the gap in which fluorized article fluored in the name unclaimed victim’s market value, the Defendant fluort articles in the unclaimed victim’s market value (GIVNNCHY) fluored in this paper.

L. A. L. theft was committed.

In addition, from January 2016 to January 28, 2016, the Defendant stolen the victims’ property worth KRW 2250,000,000, in total four times, as shown in the attached crime sight table (1).

2. While the Defendant embling out of possession, he found a bitn transportation card (D) at the market price at which a person whose name was lost on the street, and embezzled the property that he/she had on his/her own, without following necessary procedures such as returning it to the victim, while he/she embling down a boom boom, Seoul, Gwangjin-gu, Seoul, the Defendant embezzled the property that he/she left possession of the victim.

In addition, from around that time to early December 2015, the Defendant embezzled each of the assets, such as the list of crimes (2) in attached Table 2, for five times in total, from the time of embezzlement.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The police statement protocol with respect to E, F and G;

1. Police seizure records;

1. Each investigation report (related to the statement of the victim, relation to tracking and investigation of the mobile route after the crime of the suspect, identity of the suspect, relation to the suspect's appearance at the time of the crime and at the time of arrest, on-site inspection);

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Article 329 of the Criminal Act and Article 360 of the Criminal Act (a thief) concerning criminal facts, the choice of punishment (a thief)

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 Criminal Act, the suspension of execution;

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