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(영문) 서울동부지방법원 2016.04.15 2016재고합4

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

One even (Evidence No. 1) and one small cutting machine (Evidence No. 1) on seized wall(s).

Reasons

Criminal facts

[2] On June 15, 2005, the Defendant was sentenced to a suspended sentence of ten months with prison labor for larceny, etc. at the Seoul Central District Court on October 23, 2005; on November 23, 2005, the Seoul Eastern District Court sentenced eight months of imprisonment with prison labor for larceny; on February 13, 2008, the Seoul East Eastern District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on April 26, 2011, the Defendant was sentenced to two years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the main branch of the Chuncheon District Court on March 8, 2013, and completed the enforcement of the sentence, and recognized that the Defendant’s use of his/her right to defense was within the said District Court on December 17, 2015, which became final and conclusive as a result of the decision of retrial.

was made.

[The facts of the crime committed by the Defendant, around 17:00 on January 24, 2014, in light of the prosecutorial protocol (Evidence Record No. 179), and the KN’s statement (Evidence Record No. 105 of the Evidence No. 7 of the Act) on the Defendant’s list of crimes from around 17:00 to January 24, 2014, finding out that the victim C is being paid a bicycle price of at least 400,000 U.S. market price, which is the victim C, in front of the entrance park No. 5, the Defendant: (a) cut the locked, which was prepared in advance, using a small cutting machine; and (b) cut the aforesaid bicycle with the small cutting machine; and (c) from around December 3, 2013 to January 24, 2014, in light of the list No. 7 of the crime list No. 105.

The defendant's right to defense is apparent that he is a clerical error in front of the hospital and even if he is corrected without any changes in the bill of amendment.