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(영문) 광주지방법원 2018.11.09 2018고단3912
절도등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2018, the Defendant embezzled the lost property from possession in a bus terminal toilet located in 932, as Seo-gu, Seo-gu, Gwangju, Seo-gu, about 800,000 won of the market value of the victim C’s loss, and embezzled the property that he/she left the possession without following necessary procedures, such as returning it to the victim.

2. Larceny;

A. On September 15, 2018, at around 01:00, the Defendant discovered and stolen one mobile phone at Samsung Dogal ju, the market price of Samsung F owned by the victim, at around 01:0,00, KRW 1,000,000.

B. At around 05:00 on September 16, 2018, the Defendant discovered one of the 500,000 won-on gallon-on gallon (5,000 won-on gallon-on gallon-on gallon-on gallon-on gallon-on gallon-on gallon-on gallon-on gallon-on gallon-on galon

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of G, F and C;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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 each sentence of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The sentencing of Article 333(1) of the Return Criminal Procedure Act provides that the victims shall be sentenced to the same sentence in consideration of the following factors: (a) the victims have been returned all of the damaged goods; (b) the victims have no criminal record of the same kind; and (c) the victims have been admitted to commit a crime for the two-month period of detention; and (d) the victims reflect their mistakes while living in prison for the two-month period; and (e) the sentencing conditions as indicated in the arguments, such as the Defendant’s age, sexual behavior

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