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(영문) 서울중앙지방법원 2013.06.11 2013고단1145
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On May 17, 1991, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Seoul High Court, for one year and six months, and imprisonment with prison labor for the same crime at the Seoul Central District Court on August 28, 2008.

1. On March 1, 2013, at around 06:15, the Defendant discovered the Victim G in active service of subway 7, subway lines located in 280, Gangnam-gu, Seoul, to the front-gu, Gangnam-gu, the Defendant: (a) discovered the Victim G, who was under the influence of alcohol in the front line, and was seated onto the right edge of the Victim; (b) 33,000 won in cash owned by the Victim; and (c) 200,000 won in the front line of the Victim’s cot, which is located on the left side of the Victim’s name and considered to have been lost; and (d) laid off the front line of the train, by taking out one black-down box at the market price equivalent to 20,000 won in the front line of the Victim’s bank or debit card.

2. On March 1, 2013, at around 06:49, the Defendant: (a) discovered the victim H who was under the influence of alcohol in the electric rolling stock line 7 subway lines located in Gongju 1, 395, Dong 395, the Defendant: (b) laid one cell phone of the victim’s cellphone in the front line; (c) opened the victim’s seat on the left side of the victim’s seat; (d) opened the victim’s seat on the front line; and (e) opened the CCTV car in the front line; and (e) opened one cell phone of the victim’s seat in a white flue phone amounting to KRW 700,000 at the market price set back on the side of the victim’s seat; and (e) laid it on the front line.

In this regard, the defendant habitually stolen the victims' property two times together with his/her name-free persons.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each statement of G and H;

1. Each photograph, case video (the primary criminal act) and case video (the secondary criminal act) are the sole criminal defendant. However, according to the above photograph and video, the defendant is identical at intervals of about 30 minutes to the crime of larceny at intervals of 30 minutes.

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