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(영문) 서울동부지방법원 2017.01.20 2016고합347

일반물건방화등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 3, 2016, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Seoul Eastern District Court (use photographing such as Kameras) and the judgment became final and conclusive on November 11, 2016.

1. On July 3, 2016, at around 05:57, the Defendant: (a) discovered a ricar in front of the “E cafeteria” building (the third floor above ground, the first floor, the restaurant, the second floor, and the third floor) operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City, and destroyed approximately 30 centimeters of the name in front of the “E cafeteria” building (the third floor above ground, the restaurant, and the second and third floors, and the middle floor) by setting aside a ricar in the name of the victim who was installed therein; and (b) carried the ricar in possession of the ria with the riter without any particular reason.

Accordingly, the defendant destroyed a ricar owned by others, thereby causing public danger.

2. Larceny;

A. On August 2016, the Defendant thefted the Victim F with the victim F, operated by the victim F, on the first floor of G G in Gwangjin-gu Seoul Special Metropolitan City (Seoul), with the victim’s negligence in the victim’s attention taking advantage of the gaps in the victim’s attention, the Defendant stolen one hyds equivalent to KRW 40,000,000, the market value of the victim’s ownership installed on the computer in the above 2nd City.

B. On August 2016, 2016, the Defendant: (a) committed theft against the Victim I, operated by the Victim I in J of Gwangjin-gu Seoul Special Metropolitan City, with the victim’s care neglected; (b) took advantage of the difference in the victim’s care, and took off one 20,000 won of the market value displayed in the product display stand; and (c) took them out and stolen in the shopping bags that he was in possession of the victim and removed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and I;

1. Police seizure records;

1. On-site photographs, photographs of the place of crime, and photograph of the scene of crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the fact that a judgment of the suspension of the execution of a defendant's separate case

1. Relevant Articles of the Act concerning the facts constituting the crime;