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(영문) 서울중앙지방법원 2020.02.19 2020고단159
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On October 22, 2010, the Defendant was sentenced to 8 months of imprisonment with prison labor at the Seoul Central District Court for larceny, and on May 15, 2012, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor at night, by committing larceny, etc. at the Seosan Branch of the Daejeon District Court. On August 9, 2017, the Seoul Central District Court sentenced 1 year and 6 months of imprisonment with prison labor at the Seoul Central District Court for habitual larceny, etc. and completed the execution of the said sentence on November 29, 2018.

1. Around December 14, 2019, the Defendant: (a) discovered at the bus stops in front of the Gangnam-gu Seoul Metropolitan Government B building C that the victim D was under the influence of alcohol and was locked on the part of the bus stops in front of the bus stops; and (b) found the victim’s surveillance was neglected; (c) was seated on the part of the victim; and (d) was cut off by 1 cococoer with an amount equivalent to 2.50,000 won at the market price of the victim, including wall, cell phone exhauster, cash, and around 330,000 won.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for larceny and has committed larceny within the period of repeated crime.

2. Embezzlements of lost possession;

A. On September 2019, the Defendant: (a) obtained one credit card (GSthop-up card) lost by the victim E for reasons of non-existence at the bus bus stops located in Seocho-gu Seoul, Seocho-gu, Seoul, and embezzled the acquired property on his own thought without following necessary procedures, such as returning the acquired property to the victim.

B. At around 23:00 on November 19, 2019, the Defendant: (a) obtained one credit card lost by the victim F due to an unforeseen reason in the center of the two basin located in Seocho-gu Seoul Metropolitan City, Seocho-gu, 2585 (hereinafter “Seoul”), one game card (2018 PRE2); (b) obtained one male storeer containing 50,000 won in cash; (c) but did not take necessary procedures, such as returning the acquired property to the victim; and (d) embezzled the acquired property on his/her own, without taking necessary procedures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1.Each.

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