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(영문) 서울남부지방법원 2020.03.19 2019고단2761 (1)
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On August 14, 2018, the Defendant was sentenced to four months of imprisonment for the obstruction of performance of official duties at the Busan District Court, and completed the execution of the sentence in Seoul Southern Prison on January 3, 2019.

[Criminal facts of this case] On May 6, 2019, at around 06:57, the Defendant:30,000 won in cash, 30,000 won in the victim’s possession, earphone, 1 mobile phone charging machine, NH agricultural card 2, 10,000 won in Onnuri gift certificates; 1 Trick transportation card 1,000 won in the city; 1,000,000 won in the form of a male-use bag; and 1,000,000 won in the form of a cromatic pattern in the shape of car, which is located in Geumcheon-gu Seoul Metropolitan Government, was stolen by taking advantage of the difference in monitoring the victim.

[Criminal facts ] On January 16, 2020, at around 14:30 on January 16, 2020, the Defendant: (a) stolen the victim F, before the separate collection site of the building Yeongdeungpo-gu Seoul Metropolitan Government E-building; (b) brought about a gallon No. 5 Handphone on the market price owned by the victim by setting a short gallon on the wall in the vicinity of the separate collection site.

Summary of Evidence

1. Court statement of the defendant (the date on which the eighth trial is made);

1. Each statement of D and F;

1. Each investigation report (investigation into specific suspect, cash contained in the victim's cleanliness, and on-site CCTV video data);

1. CCTV images from the place of occurrence;

1. Previous convictions: Criminal history records, investigation reports (the identity of a suspect, the ruling, and confirmation of repeated crimes), the defendant and his/her defense counsel denies the intention of illegal acquisition by asserting that the defendant is between him/her and his/her attempt to return the bank recorded in the criminal facts of 2019 Highest 2761, by knowing that he/she is pro-Japanese G;

However, in light of the following circumstances, the Defendant’s attitude before and after the crime committed by each of the above evidence, and in particular, the Defendant got out of the place where the crime was committed, and the Defendant cannot find any circumstances that could lead the Defendant to mistake that the Defendant was friendly.

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