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(영문) 서울동부지방법원 2016.12.02 2016고합322
특정범죄가중처벌등에관한법률위반(절도)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

[2] On May 12, 2010, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on one year and eight months. On December 28, 2011, the Seoul Central District Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on November 2, 2013.

【Criminal Facts】

1. Around August 26, 2016, the Defendant: (a) committed a theft against the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) around 19:35, the Defendant: (c) committed a theft of 11 bicycles worth KRW 5,440,00,00 in total of the market price from around 20,000 to October 25, 2016, for a total of 11,000, a total of 11,000,000, at the victim’s market price owned by the victim C, which was established without being corrected in front of the entrance in the roof zone located in Seongdong-gu Seoul, Seongdong-gu, Seoul.

2. On September 26, 2016, the Defendant, at around 21:00 on September 26, 2016, acquired one of the 600,000 won “gallon-2” smartphones in the gold-dong, Seongdong-gu Seoul Metropolitan Government, and did not take necessary procedures, such as returning to the victim.

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. Each police statement made to D and E;

1. Each statement of F, C, G, H, I, J, K, L, M, and N;

1. Police seizure records;

1. CCTV photographs, seized objects photographs and on-site photographs around the site;

1. Records of previous convictions: Criminal history records, investigation reports (Attachment of the same military records as a suspect A), 209 high-level 8503, 2010 high-level 1766 (merged), judgment of the Seoul Central District Court 2012No251, Seoul Central District Court 201 high-level 6742, investigation reports (verification of the expiration of the term of punishment as a suspect A), and personal confinement status;

1. Habituality of the judgment: the judgment.

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