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(영문) 서울서부지방법원 2013.05.10 2013고합43

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

One unit (No. 1) of seized smartphones (No. 2) shall be given to the victim C.

Reasons

Punishment of the crime

[criminal power] On August 21, 1986, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to two years of imprisonment with prison labor for the same crime at the Seoul Southern District Court on January 12, 2001, and was sentenced to one year and six months of imprisonment with prison labor at the Incheon District Court on June 30, 2005, and was sentenced to two years of imprisonment with prison labor for the same crime at the Incheon District Court on February 18, 201, and completed the execution of the above final sentence on January 18, 2013.

【Criminal Facts】

Defendant, habitually,

1. On January 27, 2013, around 06:28, at the first floor PC room of “F” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the victim G, who was sitting and diving, with a single smartphone on the victim’s market price, which was the victim’s market price that was set up above his/her house, thefts;

2. On January 27, 2013, at around 07:42, a set of 07:42, a set of 6 male water surface rooms from the above 07:00, a set of 1 smartphones in the market price owned by the victim and under the victim such as the victim following a set of Daa and a set of Daa to the victim H, who was divingd by side; and

3. On January 29, 2013, from around 01:00 to around 02:00, the victim C, the victim C, and the victim D, who were suffering from the said soup room on the first floor of the soup set soup, and the victim C, whose market price was set up in the victim’s head, was equivalent to KRW 1.1.90,000,000,000,000,000,000 won, and one 2 smartphone’s market price owned by the victim D, were stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. A written statement of I;

1. Records of seizure, list of seizure, and photographs of damaged articles;

1. Investigation report (as to the suspect's length of crime, caps, contact details of the victim, etc.);

1. A CD (CCTV video);

1. Records of judgment: A inquiry report on criminal records, etc. and a criminal investigation report (registration of confinement and previous criminal records, attach copies of judgment, and attach copies thereof);

1. Habituality of the judgment: the first head of the crime committed against the defendant.