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(영문) 서울남부지방법원 2014.09.25 2014고단3277
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 29, 200, the defendant was sentenced to imprisonment with prison labor for 10 months with prison labor for larceny at the Seoul Central District Court and 10 months for the same crime at the above court on October 23, 2001, and 1 year and six months for the same crime at the Seoul Western District Court on July 7, 2004 due to the same crime at the Seoul Western District Court on July 8, 2003.

【Criminal Facts】

Defendant, habitually,

1. Around 02:00 on August 23, 2014, the victim C who was under influence of alcohol by enjoying from the ro station plaza located in Guro-gu Seoul Metropolitan Government by accessing the victim C, who was under influence of alcohol, and at least 800,000 won in the market value of Samsung Ggaltha, which is owned by the victim and located far from the bed side floor of the event, theft by having one cellular phone of the amount of KRW 3,00,000 in Samsung Ggalth

2. At around 03:00 on the same day, a person has access to the victim D, who was under influence of alcohol by enjoying at the events at the above place and has a 800,000,000 won or more per head of Samsung Talthal mobile phone at the market price of the victim’s head; and

3. At around 04:58 of the same day, the victim E, who was under influence of alcohol due to enjoying the event in front of the 5th Eth of Ethroid in the same Gu, was approaching the victim E, and subsequently tried to steals Samsung Gallon, the market price of which is the victim’s ownership, was 80,000 won, but was attempted to steal Samsung Gallon, which was the victim’s possession, but was attempted to commit the Defendant’s crime, by arresting the F police box affiliated with a slope G.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and D;

1. C’s statement;

1. A criminal investigation report by each prosecutor;

1. Police seizure records;

1. Previous convictions in judgment: Inquiry reports and investigation reports by the prosecution (reports on theft and previous convictions of suspects);

1. Habituality of the judgment: the judgment.

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