beta
(영문) 서울서부지방법원 2013.10.02 2013고단2210

특정범죄가중처벌등에관한법률위반(절도)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2013, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence at the Seoul Southern Southern District Court around June 6, 2013.

1. From December 8, 2012 to August 17, 2013, around 06:35, the Defendant stolen a mobile phone of KRW 18,820,000, totaling 18 by the same method from 18 times to 18 times from 2013, including the victim’s mobile phone of KRW 900,00,00 in the market price owned by the victim, which was placed on the floor by making use of the gap in which the victim E was locked.

Accordingly, the defendant habitually stolen another's property.

2. Around July 14, 2013, the Defendant embezzled, without following necessary procedures, the victim H’s market value 990,000 won of the Plaintiff’s possession, i.e., one ELG mobile phone, which was 90,000 won at the victim’s location under the influence of alcohol, and returned to the victim, the Defendant embezzled that he/she had on his/her thought.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Statement of the police officer or written statement of the victims;

1. Police seizure records;

1. The details of the damage notification table, the detailed statement of the details of filling and trading, the statement of payment transactions, the inquiry into the details of the payment, and the KTing series meetings;

1. Each investigation report and CCTV photograph;

1. Previous records of judgment: Criminal records, references to criminal records, investigation reports (report accompanied by a copy of the judgment);

1. Habituality of judgment: The defendant denies the habit of larceny, but it may be admitted as dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner;

Application of Statutes

1. Specific crimes provided for in the relevant Act regarding criminal facts.