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(영문) 서울중앙지방법원 2014.05.22 2014고합338
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 18, 1997, the Defendant was sentenced to two years of imprisonment with prison labor for larceny in the Seoul District Court Branch of the Seoul District Court for ten months. On November 30, 1999, the Seoul District Court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on January 28, 2003, the said court sentenced one year and six months of imprisonment with prison labor for a special larceny, etc.; on November 17, 2004, the Seoul Northern District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court for the same crime; on March 9, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime at the same court on October 15, 2009; on August 15, 201, the execution of the sentence was terminated; on December 13, 2012>

1. On February 21, 2014, the Defendant, around 23:30 on February 21, 2014, entered the subway line 4 lines in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) accessed the victim, who was under the influence of alcohol and neglected due care due to the victim C being under the influence of alcohol; and (b) cut off one cell phone G2 cell phone at the market price equivalent to KRW 900,00,000, which is the victim’s own possession that the victim was spawn on his/her hand.

2. On March 3, 2014, at around 23:56, the Defendant: (a) accessed the victim D and the victim E, who are expected to be under the influence of alcohol, and thereby neglected to exercise due diligence; (b) deducted one cellular phone 3, galle-si, Samsung Galle-si, at the market price of the D owned in the D’s bank; and (c) stolen Samsung Galle-si, the market price of which is equivalent to KRW 8,50,000,000, KRW 4,000,000,000,000,000 won, which is the market price of the E owned by E, and stolen the Samsung Galle-si, which was 1,00,000 won.

3. On March 8, 2014, around 00:16, the Defendant: (a) accessed the gap in which the victim F is under the influence of alcohol and thus is under the influence of alcohol to other victims; and (b) approaching the other victims.

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