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(영문) 수원지방법원 안양지원 2015.12.29 2015고단1640

특수절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 4, 2012, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court. The judgment became final and conclusive on July 30, 2012. On October 2, 2013, the Seoul Southern District Court completed the enforcement of the sentence. On June 3, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Western District Court. The judgment became final and conclusive on June 11, 2015.

1. In order to raise funds for C, D, and living expenses, the Defendant was willing to steal money and valuables in another person’s car.

On September 19, 2014, at around 23:00, the Defendant discovered the F E-ray car owned by the victim E, which was parked in the Red Station parking lot No. 272-ro, Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun on September 19, 201, and confirmed whether there was CCTV around C and D, and reported the network, and the Defendant forced to put the front door into the key hole, and forced to return the car back, and then cut the victim’s property in combination with C, D, together with C, for four occasions, as indicated in the attached list of crimes.

2. On September 20, 2014, the Defendant conspiredd with C and D to use stolen E credit cards, as described in paragraph (1), and used stolen credit cards to pay 20,000 won to the victim as the lawful holder of credit cards in the name of E in the “I restaurant” operated by the victim H in Hong-gun, Hong-gun, Hong-gun, as if he had been given the right to use. < Amended by Presidential Decree No. 25077, Sep. 20, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. A statement prepared by H;

1. Seizure records;

1. Previous convictions in judgment: criminal records and references;