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(영문) 서울서부지방법원 2017.05.01 2017고합21
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Eastern District Court and the Act on the Aggravated Punishment, etc. of Specific Crimes on July 6, 2010 on October 29, 2010 and was sentenced to one year and one year and one year and one year and one year and the sentence became final and conclusive on November 6, 2010, and the sentence of the suspended sentence became null and void. On February 12, 2015, the Defendant was sentenced to two years of imprisonment for habitual night intrusion larceny and completed the execution of the final sentence on November 15, 2016.

[Criminal facts]

1. On December 23, 2016, the Defendant committed the crime at around December 23, 2016, at the “E” mobile phone store operated by the victim D, located in Yongsan-gu Seoul building 110, and opened an unrecovered back door door door door door door door door door door door door door door door door, which was displayed on the top of the victim D, and at the same time displayed on the line, cut off with five mobile phones equivalent to KRW 429,00,000, the market price of Samsung Gallon-ro, the value of which is equivalent to KRW 649,00,000, KRW 400,000, the market price of Samsung Gallon-ro, the total of KRW 5,56,000, and the total of KRW 5,500,000, KRW 5,000, the market price of Samsung T Tallon road.

2. On January 7, 2017, the Defendant: (a) committed the crime, around January 7, 2017, at the ridge-dong 216 in Gwangjin-gu in Seoul Special Metropolitan City; and (b) at the fluorial parking lot located in the Seoul Children’s Large Park, the Defendant cut off the Defendant with one cell phone 5 mobile phone at the market price of Samsung Gallon-ju, which is the ownership of the victim’s name unclaimed winner, and was parked at the fluor’s parking lot located in the Seoul Children’s Large Park.

As a result, the defendant was sentenced twice or more due to the theft of Article 329 of the Criminal Act, and habitually committed the same crime within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each police statement made to D or G;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Reporting on occurrence of a disaster;

1. The investigation report (the acquisition of stolen cell phone stolen objects);

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