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(영문) 서울서부지방법원 2013.05.01 2013고단678
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 678]

1. On December 30, 2012, at around 19:28, the Defendant discovered out that the victim I had a smartphone in the joint waters of the second floor of the Seodaemun-gu Seoul Western District, Seodaemun-gu, Seoul, the Defendant brought one smartphone in the “galthogle” in an amount equivalent to one million won of the market value of the victim, which is the victim's possession outside his/her hands, by exposing his/her hands.

The Defendant stolen property worth KRW 9,360,000,000 from that time by the foregoing method until March 16, 2013, as indicated in the list of crimes, from that time to March 16, 2013.

[2013 Height712]

2. Larceny against the victim J;

A. At around 14:00 on December 10, 2012, the Defendant: (a) while living together at the victim JJ’s house located in Guro-gu Seoul Metropolitan Government Ktel 103 Dong 1908, the Defendant: (b) took a theft by putting the victim’s house in shopping bags the amount of 500,000 won at the market price, which is the victim’s possession in the victim’s clothes located in the victim’s room.

B. At around 15:10 on December 16, 2012, the Defendant, at the above place, stolen property worth KRW 5,900,000, total market price, including one flick belt with the market price of KRW 4,90,00,000, which is the market price of the victim’s possession of another victim, in which the victim’s JJ crepits the house, and one flick handba, which is the market price of KRW 600,00,000,000.

Summary of Evidence

For each of the crimes listed in the judgment No. 1 (2013 Highest 678)

1. Defendant's legal statement;

1. Each statement in the preparation of D, C, G, E, and F;

1. A report on investigation (a photograph after closure of a fluorial course) and a report on theft;

1. As to each of the crimes listed in Section 2 of the Protocol of Seizure and the Inventory of Seizure (2013No 712)

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning L;

1. Statement to J police officers;

1. Records of seizure and the list of seizure;

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

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

1. Article 37 of the Criminal Code among concurrent crimes.

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