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(영문) 서울중앙지방법원 2016.02.03 2015고단854
절도등
Text

Defendant shall be punished by a fine of KRW 8,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 2014, the Defendant embezzled a lost juvenile e-mail card that was lost by a person who was unable to know his/her name before the new world department store located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, obtained, but did not follow necessary procedures, such as returning it to the victim, and embezzled it on his/her own thought.

2. A thief: (a) around January 6, 2015, at the third floor waiting room in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, about 846, the Defendant stolen the Defendant’s thiefs of the third floor with cash 100,000 won owned by the victim, and the Nonghyup Card, etc., on the right side part of the victim while drinking alcohol together with the victim C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to investigation reports (related to evidence No. 5-6);

1. Article 360 (1) of the Criminal Act applicable to the crime (a point of embezzlement of deserted articles in possession) and Article 329 of the Criminal Act concerning the crime;

1. Selection of a fine for selective punishment (not including a previous criminal record, a thief victim does not want the punishment of the defendant, and where the sentence of a suspended sentence imposed on the defendant becomes invalidated due to a sentence of imprisonment, taking into account that the defendant seems to be harsh in light of the nature of the crime in this case);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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