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(영문) 서울북부지방법원 2018.10.18 2017고단1269 (1)

특수절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On February 6, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Northern District Court (a group, deadly weapon, etc.) and completed the execution of the sentence at the Ansan Prison on May 24, 2015.

[2] On October 14, 2016, around 08:40, the Defendant and the Defendant B, at the end of the Gyeonggi-ri City Construction Site: (a) around 08:40 on October 14, 2016, carried the victim D’s market value of the 1m foot iron bars in his/her name on the E-cargo.

As a result, the Defendants stolen the property jointly.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant B;

1. Statement made by the police against D;

1. Investigation report (victim D counterpart investigation, F counterpart investigation);

1. Iron photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on the criminal suspect A's summary of judgment and personal confinement status);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes: (a) the Defendant recommits the instant crime during the period of repeated crimes; and (b) the Defendant does not appear on and after the date of public trial, taking into comprehensive account various circumstances, such as the Defendant’s age, sexual conduct, motive for the crime, circumstances after the crime, etc., such as the Defendant’s age, sexual behavior, motive for the crime,