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(영문) 서울중앙지방법원 2020.07.23 2020고단2193
절도
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B On October 27, 2016, the Seoul Eastern District Court sentenced two years of imprisonment for quasi-Robbery, etc., and completed the execution of the sentence on August 8, 2018.

1. Defendant A

A. On March 4, 2020, the Defendant, at around 20:15, stolen the Defendant’s mobile phone 10 mobile phone when the market price owned by the victim C (Nam, 35 years old), under the influence of alcohol in the upper line that arrived at the front line of the subway line of the subway No. 27 located in the subway No. 27, Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, was equivalent to the KRW 1.3 million.

B. On March 19, 2020, the Defendant, on March 23:30, 2020, committed a theft of the Defendant’s mobile phone 10 mobile phone when Samsung Galthon-si, the market price owned by the victim D (ma, 33 years old), who was under the influence of alcohol at the east 9-line of subway 32 located in Songpa-gu, Songpa-gu, Seoul.

C. On March 19, 2020, at around 23:50, the Defendant: (a) took a gallon of Samsung 10 mobile phone owned by the victim E (E), who was under the influence of alcohol in the electric train of subway Nos. 9, which had arrived at the subway No. 3, located in the subway No. 23, Songpa-gu Seoul Olympic Games; (b) was stolen.

2. Defendant B, around 01:00 on March 20, 202, around 1480, at the subway line 5 subway lines located in 1480, the Defendant: (a) received and stored stolen goods after being aware of the defects that they were stolen, such as the entry in paragraph (c), from the Defendant, two cellular phones that he stolen, such as the entry in paragraph (1)-B, around 1, 1480.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C and E;

1. A written statement of C and D;

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

1. Previous convictions indicated in the judgment: Criminal records, references to criminal records, amounts of dispositions, reporting of results of confirmation (B), and application of Acts and subordinate statutes to the personal confinement status (B);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 329 of the Criminal Code, the choice of imprisonment

B. Defendant B: Article 362(1) of the Criminal Act; the choice of imprisonment

1. Aggravated repeated crime Defendant B: Article 35 of the Criminal Act;

1. Aggravation for concurrent crimes;

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