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(영문) 제주지방법원 2010.04.07 2010고단183
특정범죄가중처벌등에관한법률위반(절도)
Text

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

One cell phone (Bat) seized shall be returned to the victim C.

Reasons

Punishment of the crime

On January 4, 1995, the Defendant was sentenced to 8 months of imprisonment for larceny in the Seoul District Court, 1.5 million won in the Changwon District Court Branch on August 11, 2000, respectively. On August 29, 2006, the Defendant was sentenced to 8 months of imprisonment for larceny in the Busan District Court on March 16, 2007. On May 27, 2008, the Defendant completed the execution of the sentence in the Chungcheong 3 prison on March 16, 2007, by being sentenced to 1 year and 10 months of imprisonment for larceny in the Busan District Court on January 10, 201.

1. On February 2, 2010, the Defendant: (a) lent one of the victim E’s mobile phone numbers at the victim’s market price at KRW 50,000,000 from “F” in Jeju-si; (b) used one of the victim’s mobile phone units at the victim’s market price; and (c) placed it into the victim’s machine without returning it to the victim; and (d) stolen it.

2. Around 01:00 on February 10, 2010, the Defendant: (a) at the “I” general restaurant for the operation of the Victim H in Jeju-si; (b) requested the victim to keep the water remaining; and (c) then, the Defendant stolen the Defendant’s cell phone 400,000 won at the market price of the victim’s possession on the air conditioning between the water and the water.

3. At around 03:00 on February 12, 2010, the Defendant: (a) placed one of the 300,000 U.S. mobile phones located on the inner floor between the victim and the victim, who was diving in the inner room, in the instant entertainment tavern for the “K” operation of the victim C, which was located in the Jeju JJ on February 12, 2010; and (b) stolen the victim’s cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A H statement;

1. Police seizure records;

1. Each report on investigation;

1. Previous records: Criminal records, the date of final release and confirmation of the previous records of disposition, attachment of the same kind of records to the previous records, the date of final release and the application of Acts and subordinate statutes attached to the same kind of judgments;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the criminal facts, as well as Article 5-4 (5) and (1) of the Act on the Aggravated Punishment

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