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(영문) 서울고등법원 2014.09.26 2014노927
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four years.

The Bank of Korea, seized.

Reasons

1. Although the summary of the grounds for appeal did not have committed an offense listed in the [Attachment 1] List of Crimes Nos. 6, the court below found the Defendant guilty of this part of the facts charged, there is an error of mistake of facts.

2. On June 17, 2014, the facts charged in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case on the grounds of appeal by the defendant, prior to the judgment on the above grounds of appeal by the court below, are examined.

A. On May 8, 2011, the Defendant: (a) invadedd the BG car dealer’s office located in the BGF on May 8, 201; (b) obstructed the vehicle heat stored in the office and displayed on the parking lot with the vehicle heat of 14.5 million won in the market price; and (c) stolen it by driving the BI franchise owned by the victim BH, which is owned by the victim BH, with the vehicle heat stored in the office;

B. At around 02:15 on May 9, 201, the Defendant, along with his name influored boxes, intruded into BK located in the Gyeonggi-gun BJ by rejecting the keys of the said store by using the pre-determined rejection (influor), draber, a steel monstner, etc., and then cut off the Defendant with 86 display windows and 86 display windows of the Victim BL owned by the victim who was displayed in the said box and displayed in the said box, 59 posts, 9 women’s teams, 98 posts, earbs, and 2 clocks with 246 precious metals worth 58,770,00 won at the market price, such as 58,70,000 won at sight.

Accordingly, the defendant stolen the victims' property habitually in collaboration with the person who was not injured in his name.

Of the facts charged on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on July 18, 2014, “the total market price of KRW 405,705,00 in total was stolen,” “The amount of cash, checks, precious metals, etc. equivalent to the total market price of KRW 405,705,00 in total, eight times” was “the total amount of KRW 535,705,00 in total nine times in total,” and “the attached list of crimes (1)” of the judgment of the court below is attached to the judgment.

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