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(영문) 서울중앙지방법원 2016.06.13 2016고합209
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On July 14, 2005, the defendant was sentenced to a suspended sentence of 8 months for larceny at the Seoul Central District Court, and was sentenced to 8 months for an attempted larceny at the Seoul Northern District Court on September 22, 2005, and was sentenced to 10 months for an attempted larceny at the Seoul Central District Court on December 14, 2006, and was sentenced to 10 months for an attempted larceny at the Incheon Central District Court on March 26, 2009, and was sentenced to 1 year and 6 months for an offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on April 28, 201, and was sentenced to 3 years for an imprisonment with prison labor at the Incheon Central District Court on April 28, 201 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed on November 4, 2015.

[Criminal facts] On March 10, 2016, the Defendant discovered that the victim D was seated in a person who was under the influence of alcohol, and was seated on the side of the victim for the purpose of theft of money and valuables, within the fifth guest car from the 263 Jeonju-dong, Incheon, which was proceeding from the 00:50 on March 10, 2016 to the Incheon Station.

In addition, the Defendant collected 6 mobile phones (No. 1) at the gallon city of 800,000, the market price of the victim, which was located immediately adjacent to another victim's immediately adjacent to the previous car, by hand in the right side of the Defendant, and put the victim's hand into the right side of the Defendant, and then 10,000 won (No. 3 and 4), US$2 (No. 2,400, No. 5), Samsung Card 1 (No. 6), Samsung Card 2 (No. 7 and No. 8), and the resident registration certificate (No. 9) at the market price of 80,000,000,000 won, which is the victim's possession.

In addition, money equivalent to 1,612,400 won was stolen.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of investigation (the place and photograph of the place of the crime);

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