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(영문) 서울동부지방법원 2012.11.13 2012고단2163
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years and by a fine of 300,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

[criminal power] On March 20, 1986, the defendant was sentenced to the suspended sentence of 8 months for the crime of robbery at the Seoul Central District Court; 2 years for the suspended sentence of 10 months for the crime of larceny at the Busan District Court on November 14, 1990; 3 years and 6 months for the crime of larceny at the Advertising High Court on December 13, 1995; 8 months for special larceny at the Seoul Central District Court on January 20, 2006; 3 million won for the crime of larceny at the Seoul Central District Court on December 6, 2006; and 1 year and 6 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on October 1, 2010.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) stolen the victims’ property twice as follows.

On August 20, 2012, around 23:00 on August 20, 2012, the Defendant found the victim D, who was set up in Dongdaemun-gu Seoul Building C, to be the victim, the market price, ET 100 Orala, was the victim D, and driven the vehicle with the key possessed by the Defendant, thereby thefting it.

B. At around 01:00 on August 21, 2012, the Defendant cut off both locks strings of the cutting machine at H operated by the victim G located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and cut down the 933,000 won in cash, which is owned by the victim, and 90,000 won in Onnuri gift certificates, into a vinyl box.

2. On August 20, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the rear side of the Dongdaemun-gu Seoul Building without a motorcycle driver’s license on August 20, 2012, the Defendant driven the stobane as referred to in paragraph 1(a) within the three kilometers of approximately 3 kilometers in front of Seongdong-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Damage photographs;

1. Detailed details of driver's license taxes;

1. The decision making process:

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