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(영문) 서울중앙지방법원 2017.07.19 2017고합160
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On January 31, 2008, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Central District Court, and was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 8, 2009. On February 4, 2016, the Defendant was sentenced to one year and three months of imprisonment for larceny at the Seoul Southern District Court and completed the execution of the sentence on October 17, 2016.

On February 3, 2017, around 23:08, the Defendant indicated in the written indictment that “the Defendant was going to the right of defense of the Defendant,” but the written indictment that reads as “the Defendant was written in writing at the end of the victim,” on the following: (a) it does not seem that even if the victimized person was corrected without any change in the written indictment, it would result in a substantial disadvantage to the Defendant’s exercise of the right of defense, since the Defendant discovered the victim C, who was a passenger who was diving at the same place within the 7392 electric vehicle operating from the south-gu Station of the subway line of Seoul Metropolitan City to the Dobongsan Station.” (b) The Defendant would not correct this without any change in the written indictment.

In the gallon of Samsung Samsung, the market value of which is equivalent to KRW 530,00,000, which is the victim's possession of the above electric vehicle, was stolen by having one philopon (A7 mobilephone).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Report on the occurrence of embezzlement of separated items in possession, investigation report (the internal CCTV analysis conducted in the 758th order 7392st order), CCTV photographs inside the train prior to subway 7, CCTV screen CDs, investigation report (specific to the suspect), investigation report (Attachment to the three-dimensional-facing door on the instant case), part of investigation report (Attachment to the three-dimensional-facing door at the time of committing the crime) in the instant case, witness photograph at the time of committing the crime, clothes photograph at the residence and dwelling photograph at the time of the arrest of CCTV images and the suspect photograph after an urgent arrest;

1. Previous Records: A) a reply to inquiries, such as criminal history, and the application of the Act and subordinate statutes to the investigation report (the confirmation report on the date of release of the suspect).

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