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(영문) 의정부지방법원 2018.05.31 2018고단855
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized one knife (No. 5) shall be confiscated.

Reasons

Punishment of the crime

1. On August 2, 2017, at around 00:47, the Defendant: (a) invadedd the cables installed at the right edge of the back tent (No. 5) by a knife knife, the cable installed at the right edge of the back tent.

Since then, the defendant has been holding three tabless equivalent to 50,000 won in the market value of the victim's 50,000 won in the store, 10 bicycle below the market value of 119,000 won in the amount of bicycle equal to the market value of 149,000 won in the amount of 150,000 won in the market value, 3 punishment in the market value, 7 half-packzs equivalent to the market value of 30,000 won in the market value, 180,000 won in the market value, and 150,000 bicycle accessories in the market.

Accordingly, the defendant stolen the victim's property by destroying part of the structure at night and impairing it.

2. On August 2017, the Defendant: (a) found one of Samsung mobile phones worth KRW 200,000 at the market price where the victim F lost in the water play in the Han River Park Donsan-ro, 184-1, Goyang-si, Namyang-si; and (b) around August 2017, the Defendant:

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. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with regard to F;

1. On-site CCTV photographs;

1. A report on the results of field identification;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Photographs related to special theft in E burial;

1. Investigation report (investigation of seized goods smartphones);

1. Application of present Acts and subordinate statutes under subparagraph 5 of this Article;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 331(1), 330 of the Criminal Act concerning the selection of punishment, and Article 360 (1) of the Criminal Act (Embezzlement of any structure damaged at night), and Article 360 (1) of the Criminal Act (the embezzlement of occupied articles and the choice of imprisonment with prison labor);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Sentence of a punishment by law;

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