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(영문) 서울서부지방법원 2013.08.21 2013고단963

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 6, 201, the Defendant was sentenced to a fine of two million won for attempted larceny at the Incheon District Court on September 6, 201. On November 2, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on June 2, 201, and is currently subject to probation and community service order for two years, probation and community service order, and has resolved accommodation in a soup and so on.

Defendant,

1. On April 20, 2013, at around 05:00, “E” located near the D Station located in Seocheon-gu, Seocheon-si, Seocheon-si C, a set of one EL-si mobile phone with the victim’s market value equivalent to one million won at the victim’s seat room using a crepan in which the victim F is locked;

2. From April 26, 2013, around 04:30 on 04:30 on the 26th day of Seocheon-si, the victim I am a mobile phone with Samsung Talthno set in an amount equivalent to 1060,000 won in the market value of the victim’s ownership, using the crepan in which the victim I am locked in the joint water surface room of Seocheon-si.

3. On April 27, 2013, around 05:26, 2013, using a crepan in a soup joint water surface room where the victim J himself/herself dumped, embling one cellular phone with an amount equivalent to 1060,000 won at the victim’s market price;

4. On April 28, 2013, around 04:57, at the first floor of Yongsan-gu Seoul, “L” joint waters room located in Yongsan-gu Seoul, Yongsan-gu, Seoul, citing one set of Samsung juno-2 mobile phones equivalent to the market price of 1060,000 won.

Accordingly, the defendant habitually stolen the victims' articles four times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of F, I, J, and M;

1. Seizure records;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to the previous convictions and investigation reports);

1. Habituality of judgment: The application of Acts and subordinate statutes shall be made based on the records of each crime in the judgment, the method and frequency of the crime in this case, and the continuous and repeated crimes of the same kind;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act by combining the relevant provisions on criminal facts.