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(영문) 서울중앙지방법원 2016.06.02 2016고단1944
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 12 shall be forfeited from the accused.

No. 1 of the seized evidence;

Reasons

Punishment of the crime

[2016 Highest 1944]

1. A special thief Defendant and D around March 19, 2016: (a) around 04:28, when the victim F was parked in the street parking lot near the building in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant reported the network around the above vehicle; (b) D opened the above vehicle by using a creb in which the victim is under the influence of alcohol in the vehicle; and (c) caused a 7.80,000 won of the market price, which is the victim’s possession of the 6 mobile phone; and (d) one f.0,000,000 won of the market price in which the store account book is located, by taking advantage of the creb in which the victim is under the influence of alcohol in the vehicle.

Accordingly, the defendant and D stolen the victim's property together.

2. From around 00:00 to around 01:00 on December 14, 2015, the Defendant: (a) committed a theft with one mobile phone (LG) with which the victim’s market price cannot be identified by approaching the victim C, who was under the influence of alcohol in the street around the Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu; and (b) committed a theft with one mobile phone (LG) from around March 27, 2016; and (c) committed a theft on six occasions in total from that time until March 27, 2016.

[2016 Highest 2086]

3. On August 12, 2014, at around 22:45, the Defendant stolen a gallon 3 smartphone in the market value of the victim’s gallon owned by the victim J around the I coffee shop located in Dongjak-gu Seoul Metropolitan Government, with a gap in the number of 1030,000 won.

Summary of Evidence

[2016 Highest 1944: Facts No. 1 and 2 of the Decision]

1. Partial statement of the defendant;

1. Any statement made to the defendant (1, 2 times), or D (1, 2 times) in part of the protocol (1, 2 times) of the interrogation of the suspect to the prosecution, which fit for such protocol;

1. Statement made to K in the police statement;

1. A written statement;

1. Each protocol of seizure and the list of seizure;

1. Photographss of seized articles, investigation reports ( telephone conversations in victim C), CCTV images caps and photographs, video CDs (the fact as indicated in Decision 3: 2016 order 2086 order 2016 order 2086 order 2086)

1. Statement by the defendant in court;

1. Reasons for conviction of the police statement against J (2016 order 1944).

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