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(영문) 서울동부지방법원 2013.09.26 2013고단1918
절도
Text

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

[2013 Highest 1918] The Defendant, around 06:00 on July 25, 2013, at the FSpha in Yongsan-gu Seoul, Yongsan-gu, and the victim D, with only one cell phone of approximately 600,000 won at the market price of other owners.

From that time to July 28, 2013, the Defendant stolen the damaged goods worth approximately KRW 9,110,000,000 in total, by the same method, as indicated in the list of crimes, between the Defendant and July 28, 2013.

[203] On May 29, 2013, at around 03:29, the Defendant discovered that the victim G was in the 5th floor of “FSP” located in Yongsan-gu Seoul, Yongsan-gu, and discovered that the victim G was under the influence of alcohol and accessed the key of the clothes 157, thereby leaving him/her the key of the clothes, and then taken up one gallonno-2 smartphone 1,000,000 won in the market value of the victim’s possession being kept in the clothes book, and taken up one gallon-2,00,000 won in the market value, and one gallon in the city.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

[2013 Highest 1918]

1. Court statement of the defendant (the date on which the first trial is made);

1. The police statement of H;

1. Each statement of H, I, J, K, L, C, M and N;

1. Records of seizure, records of seizure and the list of seizure;

1. The photograph of seized articles (2013 highest 2203);

1. Court statement of the defendant (the second trial date);

1. G statements;

1. Reporting on investigation (inspection and analysis of CCTVs in generated areas) and application of the Act and subordinate statutes concerning reporting on investigation (suspects);

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

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

4. Article 333 (1) of the Criminal Procedure Act for return;

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