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(영문) 대전지방법원 천안지원 2016.02.18 2015고단1587

특수절도

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

One place of seizure (No. 12) shall be forfeited from the accused.

Reasons

Punishment of the crime

[criminal history] On November 15, 2012, the Defendant was sentenced to two years of imprisonment by the Incheon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in Gwangju Prison on October 19, 2014.

[Criminal facts] The Defendant intruded on a mobile phone sales store between E, F and the Internet, stolen the mobile phone, and sold it.

1. On August 28, 2015, the Defendant committed the crime against the victim C along with E and F, and around 03:34 on August 28, 2015, at the store of “H” mobile phone sales operated by the victim C in Nam-gu, Nam-gu, Nam-gu, Nam-gu, Dong-gu, Seoul, destroyed the wall of the Defendant around the place by breaking it into the front glass of the above sales store, and by entering the place into the store due to such cresh, and then put the victim’s cell phone sales amounting to 39 mobile phones in total amounting to 23,72,60 won in the display site.

Accordingly, the defendant stolen the victim's property together with E and F.

2. On August 28, 2015, the Defendant committed the crime against the victim D, along with E and F, was “J” mobile phone sales store operated by the victim D in South-dong, South-gu, Dong-gu, Dong-gu, Seoul. Around August 28, 2015, the Defendant: (a) invaded into the store by destroying the entrance correction device using the pre-use rejection (one name hereinafter “one”) and destroying it into the store by opening the door; and (b) placed 39 cellular phones in the display site, the total market value of the victim’s cell phone amounting to 29,463,50 won, each of which was prepared in advance.

Accordingly, the defendant stolen the victim's property together with E and F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Each report on internal investigation:

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. A report on investigation (attaching details of damage);

1. Previous convictions: Application of written inquiries about criminal history and investigation reports (verification of suspect A period of repeated offense)-related Acts and subordinate statutes;

1. Articles 331(2) and 331(1)1.