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(영문) 서울남부지방법원 2013.12.11 2013고단3963
특정범죄가중처벌등에관한법률위반(절도)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 10, 2009, the Defendant issued a summary order of KRW 300,000 as a fine for larceny at the Seoul Western District Court; on April 26, 2012, the Seoul Central District Court issued a summary order of KRW 500,000 as a fine for embezzlement of stolen; on April 23, 2013, the Seoul Southern District Court issued a summary order of KRW 1.5 million as an embezzlement of stolen.

【Criminal Facts】

The Defendant habitually stolen the victims’ property.

1. On May 22, 2013, around 10:20 on May 22, 2013, the Defendant: (a) discovered and possessed a 120,000 won of the 1st bicycle market price owned by the victim C (Nam, 43 years old); and (b) stolen the bicycle correction device.

2. On May 25, 2013, at around 11:10 on May 25, 2013, the Defendant discovered and stolen the amount equivalent to KRW 200,000 at the market price of the “Hadrid 200,” which was owned by the victim D (Nam, 52 years of age) at the place specified in paragraph (1).

3. On August 8, 2013, around 10:59, the Defendant discovered and stolen the amount equivalent to KRW 3.50,000,00 in the market value of the bicycle “tetra” owned by the victim F (F, South and 19 years old), who was established in the bicycle box in front of the Yangcheon-gu Seoul E commercial building.

4. On August 18, 2013, around 18:30 on August 18, 2013, the Defendant discovered the amount equivalent to 230,000 won at the market price of 30,000 won and stolen the bicycle riding line, which was set up in the front of the entrance, 3 times in front of the entrance, 1, 925, Dongcheon-gu, Seoul, Yangcheon-gu.

5. On September 7, 2013, around 10:37, the Defendant: (a) owned the victim I ( South and 51 years old) who was set up in the bicycle cater in front of the H building in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) discovered an amount equivalent to 600,000 won at the market price of one bicycle; and (c) stolen the bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Each victim’s statement F.

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