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(영문) 서울중앙지방법원 2014.10.23 2014고단4055

특정범죄가중처벌등에관한법률위반(절도)등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[205] The Defendant was sentenced to a fine of one million won for larceny at the Seoul Northern District Court on February 18, 2013, and was sentenced to a fine of one million won for larceny in the same court on November 18, 2013, and was sentenced to a fine of four million won for larceny in the same court on February 19, 2014. On May 30, 2013, the Defendant was sentenced to a summary order of three million won for larceny from the Gangnam Branch Branch of the Chuncheon District Court on May 30, 2013. On April 25, 2014, the Defendant was sentenced to a summary order of three million won for larceny. In addition, the Defendant was sentenced to a summary order of one million won for larceny from the Seoul Northern District Court on April 25, 2014 to a fine of one million won for larceny.

On June 16, 2014, at around 10:55, the Defendant collected at “E pharmacy” operated by the victim D located in Dongjak-gu Seoul Metropolitan Government, and attempted to steal one hand, which is equivalent to KRW 10,000, the market value of the victim’s ownership in the display stand, and did not result in the Defendant’s attempted theft.

Accordingly, the defendant attempted to steal the victim's property habitually, but did not have the intention to do so.

[2014 Highest 5826] The Defendant planned the pharmacy et al. to receive money from the pharmacy et al. by holding the crepans in which the pharmacist's surveillance was neglected, with the things in the display stand, and in the way of causing the refund of the pro ratas before the calculation.

1. At around 11:20 on April 17, 2014, the Defendant calculated a 12,000 won of the market price in the display stand at “H pharmacy operated by the Victim G in Gangseo-gu Seoul Metropolitan Government F,” and, as if the Defendant purchased it, the Defendant attempted to receive money from the victim, who was suspected of having received money from the victim. However, the Defendant did not commit an attempted act but did not bring about the suspected victim with the intent.

2. On April 17, 2014, the Defendant, at around 11:25, 201, is a snow health equivalent to 12,00 won at the market price in the display stand in another display stand from the “K pharmacy operated by the J of the Victims of I in Gangseo-gu Seoul Metropolitan Government I.