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(영문) 서울북부지방법원 2017.02.08 2016고단5212

특수절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On August 24, 2016, the Defendant appealed from the Seoul Northern District Court for a short-term of one year and two years of imprisonment due to special larceny. However, on November 4, 2016, the Defendant was sentenced to dismissal of appeal by the Seoul Northern District Court and became final and conclusive around that time.

[Criminal facts]

1. At around 03:00 on June 11, 2014, the Defendant, together with C and D, stolen one copy of the credit card of the new bank owned by the victim and one credit card of the national bank owned by the victim and one copy of the credit card of the bank owned by the victim F in Seongbuk-gu Seoul, Seoul, with a view to getting back to the flusium of G, operated by the victim F, who was in the vicinity of Seongbuk-gu Seoul, and came back to the flusium.

2. At around 01:00 on August 19, 2014, the Defendant, together with C and D, removed the correction device from the durier operated by the victim I located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with the cash amounting to 1.2 million won owned by the victim who was under custody in the Uese and intruded into the durier, and stolen the device with the durier’s cash amounting to 1.2 million won in the U.S., the market price of which is equal to 180,000 won, the durier and the Handphone chargeer in the market price.

3. On August 19, 2014, the Defendant continued to combine with C and D, and around the new wall, the Defendant released the window of 2nd floor warehouse of the victim 1 in Seongbuk-gu Seoul, the victim F of the G operated by Seongbuk-gu Seoul, for the first time in front of the instant sub-house operated by the Seongbuk-gu Seoul, and then invaded into the shop with 30,000 won of the market price owned by the victim and stolen 60,000 won of the Onnuri gift certificates.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Each police statement made to I and F;

1. A report on the results of field identification;

1. Response to a request for appraisal;

1. A report on investigation (Attachment of photographs of the scene), on-site photographs;

1. Previous convictions in the judgment: To report such previous convictions and apply the statutes of the judgment;

1. Article 331(2) and Article 331(1) of the Criminal Act (each special larceny) against criminal facts.