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(영문) 서울남부지방법원 2017.12.08 2017고단4158

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for larceny at the Seoul Central District Court on October 7, 201, and on December 14, 2012, the same court was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On November 21, 2014, the Defendant was sentenced to ten months of imprisonment for larceny, etc. at the Suwon District Court on January 14, 201, and the execution of the sentence was completed in a lawsuit against the third party of North Korean Northern Branch on April 28, 2017 by imprisonment with prison labor at the Seoul Central District Court on January 14, 2016.

[Criminal facts]

1. On July 27, 2017, at around 18:25, the Defendant: (a) cut off a creat in which the victim C, who had shoppingd in a shopping car, was placed in another shopping car, located in the victim’s market located in the creker Quaker located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, about 15,00, with one cell phone number of Samsung A7 mobile phones amounting to KRW 500,000,000; and (b) one cell phone number of new banks, the market value of which is equivalent to KRW 20,000,000.

2. 피고인은 2017. 7. 27. 21:00 경 제 1 항 기재와 같은 장소에서 그 곳에서 쇼핑을 하던 피해자 D이 다른 곳을 보는 틈을 타 쇼핑 카트 안에 놓여 져 있던 피해자 소유의 시가 40만 원 상당의 샤넬 카드 지갑 1개를 가지고 가 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Photographs of each damaged article;

1. Investigation report (report on the confirmation of the market price of damaged goods);

1. Investigation report (Reporting on confirmation of the market price of damaged C goods);

1. Criminal records: (A) a response to inquiry, such as criminal history, a report on investigation (report on confirmation of the fact during the period of repeated crime), and the application of Acts and subordinate statutes to report on investigation (Attachment to such previous decisions, etc.);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (see, e.g., Act on the Aggravated Punishment, etc. of Specific Crimes)