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(영문) 서울서부지방법원 2017.10.26 2017고단2611

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ththief) in Gyeyang Branch of the Jung-gu District Court on July 3, 2009, and is sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Jung-gu District Court on July 8, 2010, which was under the suspended sentence of one year and six months after being sentenced to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). The phrase “ July 6, 2010” as stated in the written indictment on July 16, 2010 is apparent that it would result in a substantial disadvantage to the Defendant’s exercise of his/her right of defense

The judgment became final and conclusive, and the sentence of the above suspended sentence was invalidated, and the execution of the sentence was terminated on March 7, 2013 at the Seoul Southern Prison, and on July 19, 2016, the phrase “ December 19, 2016” as stated in the indictment is apparent that it is a clerical error in the letter of indictment, and even if it is corrected without changing the indictment, it does not seem to have any substantial disadvantage in the exercise of the defendant’s right to defense. Thus, it is corrected ex officio.

The Seoul Western District Court sentenced six months of imprisonment with prison labor for larceny and decided December 9, 2016. However, on September 19, 2016, the Seoul Western District Court decided to revoke detention after the lapse of the period of execution of the punishment.

around 00:35 on September 5, 2017, the Defendant taken up one 50,000 won in cash, which was in the back of the victim C (52 e.g., the victim’s back crepane under the influence of this e., the victim C (52 e.g., the victim’s corporate bank card, Samsung Card, and one e.g., the victim’s market value, which is 50,000 won in the victim’s possession.

They go back.

Accordingly, the defendant stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;