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(영문) 서울중앙지방법원 2014.06.26 2014고단2793
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on September 23, 2005; on October 17, 2006, the Daejeon District Court sentenced to three months of imprisonment with prison labor for larceny; on October 24, 2008, the Seoul Central District Court sentenced four months of imprisonment with prison labor for larceny and completed the execution of the sentence on January 4, 2010; on January 3, 2014, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on June 2, 2014.

The Defendant, along with a person (hereinafter referred to as “C”) who is unable to know the name that he had learned while operating the street, tried to steal goods in the car and distribute profits by using the gaps that is not in the car without parking the car driver.

On February 23, 2010, the Defendant discovered the fact that the victim D was placed in the Ethmp car parked in the vicinity of the Jongno-gu Seoul Hong University Art Gallery 7-1, Jongno-gu, Seoul, 2010, and thought that the Defendant accompanied the free will of the car locked with the above person who is unable to know the name.

The Defendant confirmed whether people come from the surrounding area, and the person who was unable to know the deceased’s name by reporting the network, laid the glass door in a tool where it is unknown, and then laid the door containing the victim’s wall, SSB (USB), keys, cosmetics, etc.

Accordingly, the defendant stolen another's property jointly with the above person who could not know his name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (recognating repeated crimes, previous records, judgment, cases involving the progress of trials, etc.);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act concerning the relevant criminal facts, and Article 5-4 (5) and (1) of the Act on

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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