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(영문) 서울남부지방법원 2016.06.21 2016고단1775
절도등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 2015, the Defendant, at the front of the “D pharmacy” in Guro-gu Seoul Metropolitan Government, found one U smartphone when galloning the market value, which is the market value, located far from the floor of the area, owned by the victim.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. A thief: (a) around April 28, 2016, at a park located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, Seoul, the Defendant stolen the victim’s cash amounting to KRW 4,0130,0130,000 ( KRW 702, KRW 503,000,000) and KRW 80,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each seizure protocol and photograph;

1. Relevant legal provisions concerning criminal facts;

(a) Larceny: Article 329 of the Criminal Act;

(b) Embezzlement of possession: Article 360 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment (the following circumstances shall be considered):

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. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act, which are the reasons for sentencing in the Nowon-gu Prison, is [the scope of recommended punishment in accordance with the sentencing guidelines], and thus, the sentencing guidelines are not applicable. [Determination of sentence] Although the criminal liability is not less exceptionally imposed on the Defendant’s thief crime, the victim was arrested at the scene of the larceny crime and the damaged goods were entirely returned, the victim expressed his/her intention not to punish the Defendant, smartphone, which is the damaged goods, was seized, the confession of and seriously against the crime in this court, and there is no criminal history in Korea.

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