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(영문) 인천지방법원 2016.12.01 2016고단1070
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Eastern District Court on May 14, 201, and on November 12, 2014, completed the execution of the said punishment at Seongdong-gu District Court.

1. On December 13, 2015, around 05:23, 2015, the Defendant: (a) committed theft, in front of the toilets between the head of the Incheon International Airport Passenger Terminal C and the head of D entry; (b) the victim B’s passport, landmark, money ($ 13, USD 10, USD 5), credit card, physical card, cell phone charging device, etc., which were located on the baggage knife in the toilet.

2. On February 3, 2016, the Defendant: (a) on February 20, 2016, at the front of the first basement bank of the Incheon International Airport Traffic Center, located in the Jung-gu Incheon Airport in Jung-gu Incheon Airport, the Defendant: (b) obtained a red chron bank with a total of KRW 1,500,000,000,000,000,000,000,000 won, such as Samsungbuk, electric laps, snish strings, snicks, and clothes.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A photograph of each closure;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment), judgments, and application of Acts and subordinate statutes to the current status of personal identification;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the occupation of embezzlement), and Article 35 of the Criminal Act from among the aggravation of repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The recommendation scope of the sentencing criteria (the range of recommending punishment) (the range of larceny), the mitigated area (1 to 6 months) of the mitigated area (1 to 6 months) of general property, etc. (1 to 10 months of special mitigation), and living-type crimes/specific crimes.

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