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(영문) 서울남부지방법원 2016.04.28 2016고단724
특수절도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

One cut (Evidence No. 1), one satison (Evidence No. 2), one saton (Evidence No. 2), one saton.

Reasons

Criminal facts

[criminal history] On May 23, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes, and on March 14, 2015, the Defendant completed the execution of the sentence in the 2nd intersection of the North Korean Northern Island.

[Criminal facts]

1. Around 01:00 on February 21, 2016, the Defendant: (a) committed theft with money and valuables worth approximately KRW 615,000,000, totaling KRW 585,000, when the victim C operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government, with a locking device installed on the entrance, was pushed down and sucked into a Raber, and intruded up to a small room located in the door, and was then stolen with money and valuables worth KRW 615,00,000, which is the victim’s ownership.

2. A person violating the Chemicals Control Act is prohibited from taking in, inhaleing, or possessing for such purposes any chemical substance that causes entertainment, hallucation, or anesthesia and that is prescribed by Presidential Decree. However, around 13:00 on February 25, 2016, the Defendant inhaled, in a method of cryming, sludge for teaching materials containing hallucinogenic substances into the luxin plastic sealing, in which the Defendant 318 “G Notice Board” located in Yeongdeungpo-gu Seoul Metropolitan Government F, Yeongdeungpo-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. On-site photographs;

1. Police seizure records;

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

1. Article 331 (1) of the Criminal Act (the point of special larceny) of the relevant Act on criminal facts, Article 59 subparagraph 6 of the Chemicals Control Act, and Article 22 (1) of the relevant Act on criminal facts (the amount of inhaled chemicals);

O. Imprisonment selection)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [the basic area of larceny (the scope of punishment for general property] [the type No. 4] intrusion larceny: one year to two years and six months [the person who is subject to special sentencing].

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