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Reasons
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(영문) 부산지방법원 2017.07.12 2017고단2605
특수절도등
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Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, as to the Defendants, this case is against the Defendants.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime of the Defendants: (a) were dumped in Busan metropolitan area located in 206 as of the center of Busan metropolitan area; (b) was aware of the fact that they had been stolen from the 2nd floor of Busan metropolitan area on May 11, 2017; (c) Defendant A found the victim DNA located on the 2nd floor of each ticket counter; and (d) Defendant B sent the victim dump to Defendant B with the above dump equivalent to KRW 500,000,000,000,000 won in the market value of KRW 1,00,000,000,000 won in the market value of KRW 1,00,000,000 in the market value of KRW 50,000,000,000 in the market value of KRW 1,000,000 in the market value of KRW 50,00 in the market value; and (c) Defendant A’s mobile phone number of KRW 1,01500.

2. The sole criminal conduct of Defendant A;

A. On April 17, 2017, the Defendant embezzled, without following necessary procedures such as returning the victim’s cell phone value of 100,000 won, which was far away from the F cafeteria in Sung-si E, even though he/she acquired one cell phone value of 100,000 won in the victim’s G ownership, the Defendant embezzled the victim’s property that he/she had, on his/her own mind, left away from the victim’s possession.

B. On April 25, 2017, the Defendant embezzled property of which possession was separated from the victim’s possession, without following necessary procedures such as returning it to the victim, even though the victim H-owned mobile phone, which was located far away from a simple chair of the taxi platform that was located behind the taxi platform, at the time of Sung-si bus terminal.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or G;

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 331(2) and 331(1) of the Criminal Act (a) and Article 360(1) of the Criminal Act (a) of the Criminal Act.

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