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(영문) 서울중앙지방법원 2013.12.06 2013고합686

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A shall be punished by imprisonment for three years.

Defendant

B shall be innocent.

Reasons

On October 13, 2005, the Defendant was sentenced by the Seoul Central District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes and three years and six months from the Seoul High Court on December 5, 2008 on December 30, 201, and completed the execution of the final sentence on December 30, 201.

On February 17, 2013, at the “G” clothing store located in Jung-gu Seoul Metropolitan Government F on February 18:47, 2013, the Defendant accessed the victim H, who was putting the door door in the right shoulder, putting the left hand into the victim’s bank, and putting the victim’s ownership, 4 copies of credit cards such as department store cards, CGV film free viewing tickets, 2 copies of credit cards such as department store cards, and 800,000,000,000 won in the market price of one resident registration certificate.

As a result, the Defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and habitually stolen another’s property within three years after the execution is completed.

[The facts charged against the defendant are that the defendant thefted one of the counter-indicted 1 in collaboration with the defendant as above. However, as seen below, as seen in the judgment of "not guilty part", the defendant's participation cannot be acknowledged, so long as the defendant himself/herself was committed by his/her own act, he/she does not have any risk of causing disadvantages to the defendant's exercise of his/her right of defense even if he/she newly recognizes criminal facts due to his/her own criminal act except for the part of the defendant's participation, and therefore, the summary of the evidence (the defendant A) without a separate amendment procedure of the indictment is just based on each evidence stated below "the summary of evidence" as stated below

1. Statement by the defendant in court;

1. A suspect interrogation protocol concerning B by the prosecution;

1. A written statement prepared by H;

1. Reports on occurrence (thief), reports on internal investigation (related to CCTVs in generating places), respectively;