A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 2 shall be returned to the victim's name unrefilled person.

Criminal facts

1. A thief: (a) around 01:40 on June 1, 2018, the Defendant was riding a bicycle on the street side of the entrance No. 133, Young-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, at around 133, 133, and discovered that the victim C was used in the manner under which the victim was under the influence of alcohol; and (b) the victim was able to take off one of LGV20 mobile phones in an amount equivalent to KRW 80,000,000 at the market price of the victim’s bar.

L. A. L. theft was committed.

2. On May 28, 2018, the Defendant: (a) up to 22:00 on May 28, 2018, the Defendant: (b) was unable to find out the market price on the ground floor located in the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-ro 27-ro 12 Simsan Park; and (c) was unable to do so.

In this regard, the defendant did not go through necessary procedures such as returning the above acquired property to the victim who could not know his name.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocol of seizure - Inventory of seizure;

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

1. Relevant legal provisions concerning the facts of crime, Article 329 of the Criminal Act that selects the punishment (a point of view), Article 360 of the Criminal Act (a point of view of embezzlement of deserted articles in possession), and choice of imprisonment with prison labor;

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 sentencing of Article 333(1) of the Return Criminal Procedure Act has a record of having been sentenced several times to the Defendant for the same offense, and there was a record of having been punished for the same offense for three years from 2015 to 2017, and even if having been sentenced to a fine with regard to the above offense, it is inevitable to sentence the Defendant again commits the instant crime.

However, in consideration of the fact that a thief was not punished by a defendant, and the age, health status, and environment of the defendant, the punishment as ordered shall be determined in consideration of the various circumstances shown in the records and trial process of this case.