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(영문) 서울중앙지방법원 2012.12.27 2012고합1323

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendants shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Defendant

A was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Western District Court on November 15, 2006. On July 30, 2009, after having been sentenced to three years of imprisonment for the same crime at the Seoul Central District Court on June 13, 2012, Defendant B terminated the execution of the sentence. Defendant B was sentenced to one year and six months of imprisonment for the same crime at the Seoul Central District Court on January 13, 2005. On July 14, 2006, the enforcement of the sentence was terminated on November 4, 2009. Defendant C was sentenced to two years of imprisonment for the same crime at the Seoul Central District Court on March 30, 2005; Defendant C was sentenced to imprisonment with prison labor from the Seoul Central District Court on May 18, 2007 to the following crimes and was habitually sentenced to the execution of the sentence as a person who was sentenced to imprisonment with prison labor for the same crime:

1. Defendant B and C’s co-principal conduct

A. At around 23:50 on July 11, 2012, the Defendants combined and cut off one wall from the back of the victim, which includes 10,000 won in cash, 10,000 won in the back of the victim and 10,000 won in cash from the back of the victim and 10,000 won in cash from the back of the victim.

B. On July 12, 2012, from around 00:25 to around 01:17 of the same day, the Defendants reported the network of Defendant B from the H convenience store G located in Dobong-gu Seoul Metropolitan Government, and Defendant C withdrawn KRW 3.6 million in total over 12 times in total against the intent of the manager of the cash payer, who is the victim whose name cannot be known by using the above F’s modern card.

C. At around 01:30 on July 12, 2012, Defendants jointly and severally, Defendant B was deceased at the cash payment machine located in the J convenience store located in Gangnam-gu Seoul Metropolitan Government.