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(영문) 서울남부지방법원 2015.11.04 2015고단3114
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

. As above, he did not take necessary procedures such as returning the acquired property to the victim and did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. At around 00:50 on July 31, 2015, the Defendant thievedd the victim E, who was divingd in the breathro, Guro-gu, Seoul, with a 36,00 won in cash, which the victim owned by the victim under the influence of alcohol, and one driver’s license, one for USD 2,00 in cash, which is owned by the victim under the influence of the breath, one for the driver’s license, one for the KEB, but with a card, one for our V card, one for the Korea Investment Securities Card, and one for the GS knx Point Card, one for the old one for the market value of KRW 300,00 in market value, contained in one for the GS knx Card.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each protocol of seizure;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a criminal investigation report (to attach repeated crimes and similar military records), a copy of the judgment, and inquiry into confinement;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 360 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] [the reason for sentencing under Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] mitigated area (6-6-1 year) for general property. [the person who is subject to special mitigation] is not subject to punishment. The repeated crime of the same kind is not subject to the sentencing guidelines for the crime of embezzlement of stolen property. Thus, the lower limit of

[Determination of sentence] Even though the defendant was punished several times for the same crime, the defendant committed each of the crimes of this case during the repeated crime period, the victim E does not want the punishment of the defendant, and the conditions of all the sentencing as shown in the records and arguments of this case, including the defendant's age, character and conduct, and circumstances after the crime, shall be determined as ordered.

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