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(영문) 서울서부지방법원 2017.11.01 2017고단2399
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year of imprisonment with prison labor for larceny at the Seoul Central District Court on January 21, 2010. On March 26, 2015, the Seoul Northern District Court sentenced one year and six months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on March 26, 2015. On July 16, 2015, the same court sentenced four months of imprisonment with prison labor for special larceny and completed the execution on June 28, 2016.

【Criminal fact-finding on October 15, 2016, the Defendant reported that Q Q was under the influence of alcohol in front of Seongbuk-gu Seoul, Seoul, while approaching the body of the victim, and then approaching the victim’s clothes, she taken a phone call in the amount equivalent to KRW 500,000 in the market value of the victim’s clothes.

They stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A written statement of Q;

1. Investigation report (to hear victim Qua statement);

1. Investigation report (Attachment of CCTV camera images CDs used to block illegal spirits), investigation report (Attachment of images of a suspect who is marked on the scene of the crime and on the moving line);

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation report (prior convictions and confirmation of repeated crimes), investigation report (former records of the same kind of crime);

According to CCTV images, the Defendant takes out a mobile phone from the right side of the victim's wife to the right side of his/her own.

In light of the above, after checking the state of the victim, putting the victim's cell phone into the front right part of the right part of the victim's cell phone, breaking the victim's cell phone, leaving the victim's cell phone, leaving the victim's cell phone, following the left part of the victim's cell phone, putting the cell phone similar objects being used on the left part of the victim's own left part, into the back part of his own cell phone, and leaving his cell phone out of the front part of the right part

In addition, it is recognized that the victim had returned to the victim again and had found the damaged mobile phone again, and the defendant's scam is his own mobile phone and the front scam to put it into the back scam of the video.

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