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(영문) 서울남부지방법원 2016.03.23 2016고단281
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From June 29, 2014 to January 17, 2016, at around 23:00, the Defendant stolen the victims’ property, as described in the attached Table 1, from around June 29, 2014 to around 23:00, within the dong section of the locking cell basin in the Young-gu Station of the Seoul subway Line 2, the Defendant: (a) stored the victim, who was a passenger, in his/her finger and her hand, in the main machine; and (b) stolen the victim’s property, as described in the attached Table 1, from around 29, 2014 to January 17, 2016.

2. On April 2014, the Defendant: (a) was in possession of one LG smartphone and one handphone case in the amount of KRW 900,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

One driver's license certificate, two bank security cards, and one partner's access certificate, and without taking measures such as returning them to the victim, and embezzlements the victims' assets over four times from around that time to November 9, 2015, as shown in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to E, F, G, H, and C;

1. A written statement prepared in the I;

1. A protocol of seizure and a list of seizure;

1. Each report on investigation;

1. Application of the relevant Acts and subordinate statutes to receipts of damaged articles and photographs;

1. Articles 329 and 360 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime in question;

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. Reasons for sentencing of Article 333(1) of the Restitution of Criminal Procedure Act [the scope of recommendations given in the sentencing guidelines]: Theft of general property: The basic area (from June to June), the basic area (from June to June) of the theft of general property; and the embezzlement of deserted articles without any special person subject to sentencing: A majority of crimes are not subject to the sentencing guidelines.

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