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(영문) 서울중앙지방법원 2013.11.26 2013고단6749

특정범죄가중처벌등에관한법률위반(절도)

Text

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

No. 1 through 3 of seized evidence shall be returned to the person who has lost the name of each victim.

Reasons

Punishment of the crime

[Criminal Justice] On August 24, 2006, the Defendant was sentenced to a suspended sentence of six months for larceny at the Seoul Northern District Court. On May 8, 2008, the Seoul Central District Court sentenced one year and eight months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny). On November 25, 2009, the Defendant was sentenced to a prison term of six months at the Seoul Northern District Court for a attempted larceny; on December 3, 2010, the Seoul Northern District Court sentenced one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution on April 28, 2012. On December 20, 2012, the Defendant was sentenced to a fine of five million won as an attempted larceny.

【Criminal Facts】

1. At around 01:00 to 02:00 on July 1, 2013, the Defendant: (a) opened a door of a car parked in the Guri-si apartment 104 previous parking lot without opening the door, and cut off a copy of the car parked in order for the Defendant to receive the 3,000 won at the market price.

2. At around 00:00 to 02:00 on August 12, 2013, the Defendant: (a) opened a door of a small-sized passenger vehicle parked on the off-road 304-dong, Namyang-si, the victim, whose personal information cannot be known at the roads under the south-si, Namyang-si, without locking the door; and (b) cut off a foreign-end one that was received by the arms.

3. On August 16, 2013, at around 01:00 to 02:00, the Defendant: (a) destroyed the victim, who was unable to know his/her personal information in the front parking lot of the F apartment 313-dong, Dobong-gu Seoul Metropolitan Government, by opening the door of a small-sized car parked and opening the door of the small-sized car and cutting off the door of the market value of KRW 3,000 (G).

4. At around 03:50 to 04:00 on September 4, 2013, the Defendant opened a door that was parked by the victim I in the H apartment 103 parking lot in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and opened a new world merchandise coupon 50,00 won and two cashier’s checks of KRW 100,000 and KRW 50,000 in cash.