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(영문) 인천지방법원 부천지원 2017.01.13 2016고단3308
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, from March 2016, embezzled for possession.

5. Among them, the victim B was lost in front of the new line of subway Nos. 2 in Gwanak-gu in Seoul Special Metropolitan City, and the market value of the victim B was found to have 5S mobile phones in U.S.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

2. On August 26, 2016, around 06:48, the Defendant, along with C and D, carried with C and D a copy of a passport in front of the “F store” located in Mapo-gu Seoul, Seoul, with the victim G being under influence of alcohol; D and C, with the victim’s her net, while viewing the victim’s her net, the Defendant carried with C and D a copy of a passport in front of the “F store” located in Mapo-gu, Seoul.

As a result, the defendants stolen the victim's property together.

3. Larceny;

A. On August 28, 2016, the Defendant: (a) discovered one unit of A7 portable phone at the market price, where the victim J was the victim, who was located in Mapo-gu Seoul Metropolitan Government H, around 03:00 on August 28, 2016; (b) discovered one unit of a gallon when the victim J was the victim, who was the victim who fell on the floor of Mapo-gu Seoul Metropolitan Government H; and (c) stolen it thereafter.

B. On August 2016, 2016, the Defendant: (a) discovered one 5 mobile phones in the city where the victim was a victim who fells into the floor of Mapo-gu Seoul Mapo-gu, on the Haman on August 8, 2016, at the “I” located in Mapo-gu Seoul; (b) discovered one junopon in the city where the victim was the victim who fell into the floor; and (c) stolen the victim with a la

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. A protocol concerning the examination of a suspect of a public prosecutor with regard to C or D;

1. Statement of the police statement related to G;

1. Photographss of on-site CCTV images and damaged images;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Article 360 of the Criminal Act applicable to the facts constituting an offense and Article 360 of the Criminal Act that selects a punishment (the point of embezzlement of items escaping from possession, and the point of embezzlement);

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