Degree of proof for conviction in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief and retailing)

In special larceny, if the defendant denies the fact of the crime, the fact that the defendant was in possession of a knife knife knife knife knife knife knife at the place of the crime, was taken in the city bus, which was the place of the crime, and was designated as the criminal at the same stop as the victim, is insufficient to confirm the guilty

Article 5-4 of the Aggravated Punishment

Defendant

A defendant shall be punished by imprisonment for three years.

180 days out of detention days prior to the rendering of a judgment shall be included in the above sentence.

A requester for protective custody shall be punished by ten years.

Facts charged and Facts of custody

Defendant 1 and Defendant 1 and Nonparty 2 were sentenced to imprisonment with prison labor for six months at the Seoul District Court on May 25, 1962; six months at night; imprisonment with prison labor for larceny; imprisonment with prison labor for ten months at the same court on February 11, 1964; imprisonment with prison labor for six months at the same court on May 13, 1966; imprisonment with prison labor for six months at the same court on July 25, 1968; imprisonment with prison labor for two years at the Seoul District Court on August 3, 197; imprisonment with prison labor for one year and six months at the same time on June 15, 197; and imprisonment with prison labor for one another at the same time on June 14, 197; and imprisonment with prison labor for six months at the same time at the same court on June 25, 197; and imprisonment with prison labor for two preceding calendars at the Seoul District Court on February 18, 197.

The remainder of the facts in the ruling, except the first head and habitual, of the ruling, shall not be

1. Each statement corresponding thereto made by the witness Nonindicted 2 and 1 in this Court

1. Statement corresponding to the second protocol of interrogation of the accused as of January 9, 198 (39 books among the three books of investigation records No. 87 and No. 41268) of the accused as of January 9, 198; and

1. Each statement made by the public prosecutor with respect to Nonindicted 2 and 1, which correspond to the statement;

1. Each statement made by Nonindicted 3 and 4 in preparation of a judicial police assistant, which correspond to this;

1. As to the records of seizure prepared by the assistant judicial police officer, the records can be recognized in full view of the records, and the first head of the judgment shall be as follows:

1. Statement corresponding thereto in this court by the defendant;

1. Records corresponding to those of the criminal records of the accused prepared by the head of the relevant veterinary station;

1. A copy and a copy of each judgment against the defendant bound in the records can be recognized by corresponding statements, and the habitualness of the judgment has the record of having been punished several times due to larceny, etc. as stated in the first head of the judgment, and the defendant has repeated crimes of the same kind in the judgment after being released, and the facts of the judgment can be recognized in light of the motive and method of the crime and repeated crimes of the same kind in the judgment after being released.

The so-called "the Act on Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Cases Act") and Article 331 (2) of the Criminal Act shall be selected from among the prescribed penalty, and the defendant shall be punished by imprisonment with prison labor within the scope of the term of a repeated crime within the limit of the proviso of Article 42 of the same Act, because the first head of the judgment is the last criminal of the judgment of the defendant, and the defendant constitutes a repeated crime, and the defendant shall be punished by imprisonment with prison labor within the limit of the term of a repeated crime under Article 35 of the same Act, and 180 days from

Meanwhile, according to the above facts, the Defendant was sentenced to imprisonment without prison labor or heavier punishment for the first head of the judgment at least three times and the total term of the punishment is at least five years, and was again punished by death penalty or imprisonment with or without prison labor for life or for not less than seven years within three years after the execution of the final sentence is completed, and accordingly, the Defendant was punished by imprisonment with prison labor for ten years under Article 5(1)1 of the Social Protection Act.

Of the facts charged of this case, "the defendant was habitually recorded with Nonindicted 5 and 6 on July 18, 1987, and the defendant was on board the bus 64 in front of the bus stop in Suwon-dong, Suwon-dong, Seoul-dong, Seoul-dong, Seoul-dong, and was on board the bus 94 on July 18, 1987, and when the bus 2 reached the bus bus 91 times before Suwon-si, the defendant was on board the bus 91 times after the victim’s 7 years old, and the defendant was on board the bus 7 years old, and the defendant was on board the bus 5 years old, and the defendant was on board the above 7 years old-dong bus 6 years old-si, which was prepared by Nonindicted 5 and Nonindicted 6 on July 18, 1987, and the defendant was on board the above 7 years old-dong bus 5 days old-si, and was on board the remaining 17 days old-dong bus 31,000 won, and was on the charge of this case."

First, according to the above evidence, the summary of the statement of Nonindicted Party 7 on Nonindicted Party 7, which was prepared by the public prosecutor and the assistant judicial police officer, is the victim of the theft of this case, when Nonindicted Party 7 boarded the city bus No. 64 on July 18, 1987, which was at the time of the crime of this case, and went into the south of the Suwon-si, the destination, at the time of the crime of this case, around 0:0, the victim was 10,000 won, and the victim was blick, and the face was blick and kid about the other parts of the police box, and the victim was asked to leave the above box near the port of the police box, and the defendant was asked to leave the bus no longer than 90:0,000, and the defendant continued to be able to have the victim's escape and to leave the bus at the port of the above 8:00,000,000 won.

According to the above evidence, since the defendant was in possession of a knife at the place of the crime of this case with Nonindicted 5 and 6, and the defendant was aboard the city bus, which is the place where the crime of this case occurred, and was called the victim's body, and the defendant was arrested. However, the above knife knife with the defendant's body was improper to be used for the crime of this case at the time of seizure, and the above facts charged against the defendant were also enclosed by the above knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn's body.

It is so decided as per Disposition for the above reasons.

Judge Lee Lee-hoon (Presiding Judge)