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(영문) 대전지방법원 2016.12.21 2016고단3832
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 4, 2015, the Defendant was sentenced to six months of imprisonment for habitual larceny in the Daegu District Court Kimcheon Branch Office for the same year.

9. 16. The Daegu detention center terminated the enforcement of the sentence.

1. On June 10, 2016, at around 01:37, the Defendant: (a) damaged the entrance knife by a watcher on the rooftop that was located on the rooftop; and (b) invaded into the house, the Defendant had a 1 set of Samsung Digital TV in the market value equivalent to KRW 300,000,000, the market value of the victim’s ownership, 1 set of Samsung Digital TV, Samsung mobile phone monitors, 2 set of Samsung mobile phones, and 20,000,000,000,000 won in the market value.

Accordingly, the defendant stolen property by destroying the entrance at night and impairing another's residence.

2. Larceny;

A. On September 24, 2016, around 20:00, the Defendant discovered and stolen the NH cultural cumulative card owned by the victim G from “F” located in Daejeon-gu, Daejeon-gu, Daejeon-gu, with a view to getting the victim G on amusement machines.

B. On October 10, 2016, the Defendant: (a) discovered and stolen a gallon 3 mobile phone of an amount equivalent to KRW 800,000 in the victim’s market price, which the victim J opened on the coffee table, in the waiting room located in Seo-gu Daejeon, Seo-gu, Daejeon.

3. From September 2016 to October 10 of the same year, the Defendant: (a) obtained a cell phone of the amount of KRW 1 million at the market value of Samsung Gggal juscop 70,000,000 at the time of the loss of the Victim K within the Central Market located in the Dong-dong, Daejeon; and (b) did not take necessary procedures, such as returning it to the victim; (c) the Defendant thought he/she had possessed.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J, K, G, and D;

1. Each CCTV photograph (No. 5, 34 No. 8 through 12, 32)

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Criminal records and personal confinement status;

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