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(영문) 서울서부지방법원 2016.11.03 2016고단2376
특정범죄가중처벌등에관한법률위반(절도)
Text

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

The victim is one cell phone (No. 1) with seized Samsung Electronic LET(LTE)(A) cell phone.

Reasons

Punishment of the crime

[criminal power] On April 20, 199, the Defendant was sentenced to one year of imprisonment with prison labor for larceny in the Southern Branch of the Seoul District Court, and on March 14, 2014, the Suwon District Court sentenced one year of imprisonment with prison labor for larceny, etc. on March 14, 2014, and on February 4, 2016, the Seoul Central District Court sentenced ten months of imprisonment with prison labor for larceny and completed the execution of the sentence on July 17, 2016.

【Criminal Facts】

1. On August 6, 2016, the Defendant: (a) around 10:00, at E cafeteria operated by the victim in Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) on August 6, 2016, the Defendant: (b) had one cellular phone of Samsungland equivalent to KRW 100,000, the market value of the victim, which was located in the carcter, and stolen it.

2. Around 11:00 on August 6, 2016, the Defendant: (a) entered a trade name store operated by the victim in the name-free shop in Yongsan-gu Seoul, Yongsan-gu, Seoul, in which the victim had been placed on his/her customer, and stolen Samsung Galno NognoT 4 mobile phone units equivalent to KRW 250,00,000 at the market price of the victim, who is the victim’s possession on his/her customer.

3. After committing the crime of paragraph (b), the Defendant entered the H burial operated by the victim G with F Prize 21, and stolen the victim’s supervision by having one cell phone of the amount of KRW 100,000 at the market price, which is one of the victim’s possession, located on the customer’s table, after the victim’s supervision was neglected.

Thus, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen the property owned by others during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. Seizure records;

1. Seized mobile phone photographs (gallon No. 4) and victim G mobile phone photographs;

1. A report on investigation (related to female offenders);

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (verification of the past record of punishment for larceny and the date of release from punishment, binding of the relevant judgment, etc.), and application of Acts and subordinate statutes to the status of personal confinement;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 and Article 329 of the Criminal Act concerning the crime committed.

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