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(영문) 서울중앙지방법원 2016.06.27 2015고단7715
절도
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 22, 2015, at around 06:30 on October 22, 2015, the Defendant acquired one cell phone with a 8.60,000 Audio 6-type cell phone in which the victim E, who is a passenger, was placed in the Fsi operated by the Defendant, and lost it.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

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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