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(영문) 서울남부지방법원 2015.04.15 2014고단1218
절도등
Text

A defendant shall be punished by imprisonment for six months.

The digital camera No. 1 (Evidence No. 1) seized shall be the victim C and the mobile phone.

Reasons

Punishment of the crime

1. On May 19, 201, around 14:20 on May 19, 201, the Defendant: (a) entered the victim’s house E and 1st floor E in light of light, and entered the said house through an open door, and invaded upon the victim’s residence.

2. The Defendant, at the same time and place as Paragraph 1, stolen the victim C’s market value of KRW 105,00,000, at the victim C, who had been in an oncoming west at the same time and place as that of Paragraph 1.

3. Around 00:20 on March 12, 201, the Defendant, on the front of a public telephone located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, 1659-53, he/she embezzled a mobile phone of 200,000 won at the market price of the victim owned by the victim D, but did not take necessary procedures, such as acquiring a cell phone of 200,000 won, and returning it to the victim.

4. On March 24, 2014, around 08:28, the Defendant: (a) stolen the unused studio, the market price of the victim H owned by the Defendant, which was set up in front of the frequency of “G” located in Geumcheon-gu Seoul Metropolitan Government F, by cutting off the unused studio onto Lik.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Each statement prepared by H, C, and I;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 360 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles, the choice of imprisonment);

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

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Scope of the recommended sentencing criteria;

(a) Theft of Article 2 of the judgment (including the crime of intrusion upon a house set forth in paragraph (1) at the time of making a decision) (the crime of larceny, the crime of larceny of general property, the theft of types 4, and the mitigation area (special mitigation factors: the crime of larceny of general property): 8 to 16 months;

B. From 4 to 10 months of imprisonment with prison labor for larceny of No. 4 of the holding holding [the thief crime group, the thief for general property, and the 2th category (the general thief).

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