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(영문) 서울동부지방법원 2017.11.16 2017고단3277
절도등
Text

A defendant shall be punished by imprisonment for four months.

In case of seizure No. 2 (the Bank of Korea Chapter 10,00 won) the victim's name is not the victim's name.

Reasons

Punishment of the crime

1. On October 7, 2017, the Defendant stolen a mobile phone case with an ON7 mobile phone and a cell phone case containing one set of oN7 mobile phone in the market price located in front of the victim, which was located in front of the victim, by taking advantage of the gaps that the victim D was locked in the street while under the influence of alcohol.

2. On October 9, 2017, the Defendant: (a) on October 9, 2017, at the crosswalk in front of Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (b) on his own; (c) on his own, acquired one mobile phone unit in the unclaimed market price; and (d) returned it to the victim; and (c) did not take necessary procedures, such as returning it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The punishment of imprisonment under Article 329 of the relevant Article of the Criminal Act, Article 360 (1) of the Criminal Act, and Article 360 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each of the crimes;

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. In light of the fact that the Defendant committed the instant crime even though he/she was punished several times for the reason of sentencing under Articles 333(2) and 333(1) of the Delivery Criminal Procedure Act due to larceny, the Defendant’s liability is heavy.

However, in consideration of the circumstances such as the fact that the amount of damage is not large, the punishment was determined as above.

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