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(영문) 서울서부지방법원 2016.09.09 2016고정103
절도등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 2013, the Defendant found one cellular phone owned by the victim B who was lost in the street near the upper river basin of Mapo-gu, Mapo-gu, Seoul.

Nevertheless, the defendant did not take necessary measures such as returning the above mobile phone to the victim, but embezzled one of the above mobile phone owned by the victim.

2. On June 30, 2013, at around 03:50, the Defendant: (a) stolen the victim’s cell phone, which was placed adjacent to the victim by taking advantage of the gaps in which the victim C was able to sit in and locked in front of the church at the new village of Seocho-gu Seoul Western-dong 113, Changcheon-dong, Seocheon-gu, Seoul; and (b) stolen the victim’s cell phone.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Seizure records;

1. Investigation report (applicable to the mobile phone-related Acts and subordinate statutes in the name of D);

1. Relevant Article 360(1) of the Criminal Act (a) of the same Act concerning criminal facts, Article 360(1) of the same Act, Article 329 of the Criminal Act, and selection of fines, 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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