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(영문) 서울북부지방법원 2014.09.26 2014고단2547

특수절도

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2012, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Northern District Court on September 26, 2012, and completed the execution of the sentence at Seongdong-gu District Court on December 12, 2012.

【Criminal Facts】

At around 21:30 on May 8, 2014, the Defendant discovered one cooking practice team and six gas bags at the back of the Korean Civil Aviation Technical School located in Dongdaemun-gu, Dongdaemun-gu, Dongdaemun-gu, Dongdaemun-gu, Seoul, in the lower part of the parking lot of the Korean Civil Aviation Technical School, and found the victim D's market value of which is 2.5 million won and is located in the lower part of the lower part of the parking lot, and led the Defendant to the network and carried the above things together.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. On-site CCTV photographs;

1. Before judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. The defendant and his defense counsel's assertion about the defendant and defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant had drinking alcohol at the time of the instant case is recognized as having been drinking alcohol at the time of the instant case, but it does not seem that the defendant had weak ability to discern things or make decisions. Thus, the above assertion by the defendant and defense counsel cannot be accepted.

It is so decided as per Disposition for the above reasons.