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(영문) 서울서부지방법원 2019.06.24 2019고합91

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The seized cultural products rights (C) 1 (No. 10), one thousand won, and four copies.

Reasons

Punishment of the crime

To the extent that the charges do not disadvantage the defendant's exercise of his/her right to defense, some revisions were made in accordance with facts obtained through the examination of evidence.

[Criminal Power] On December 28, 2010, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 28, 2010; imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; imprisonment with prison labor for the crime of larceny at the Seoul Western District Court on February 4, 2015; and (3) on November 16, 2017 at the Seoul Western District Court on January 19, 2019.

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. On March 12, 2019, at around 21:42, the Defendant: (a) completed a 109-distance performance on the street of Mapo-gu Seoul Mapo-gu, 109 public performance; (b) the Defendant provided meals to a neighboring restaurant by the victim; and (c) the Defendant carried out one microphone with the market price of an amount equivalent to KRW 80,000 in the market price owned by the victim, which is equivalent to KRW 50,00,000 in the market price of the victim’s 10-day public performance.

B. On March 27, 2019, at the O store located in Mapo-gu Seoul N and the second floor, the Defendant, around 03:36, 2019, 1 copy of the PP credit card owned by the victim, QT C, 1 copy, 5,000 won, 40,00 won in cash, etc., which includes the victim’s 1, QT C, 1, 5,000 won, and 520,00 won in the market price.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and again commits larceny within three years after the execution of the sentence is completed.

2. Embezzlements of lost possession;

A. From January 19, 2019 to April 2, 2019, the Defendant: (a) was the U.S. market price at which the victim in the name in the name in the universities located in Mapo-gu Seoul or in the vicinity of the Seodaemun-gu Seoul Western Station has deteriorated.