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(영문) 의정부지방법원 2014.03.14 2013고단4479
특수절도
Text

A defendant shall be punished by imprisonment for six months.

One copy (No. 1) of a seized tool of construction shall be confiscated.

Reasons

Punishment of the crime

On May 24, 2012, the Defendant was sentenced to two years of imprisonment by the Seoul High Court for quasi-Robbery, etc., and the period of parole was expired on October 28, 2013 during the execution of the sentence in the Gwangju Prison.

At around 00:50 on December 10, 2013, the Defendant: (a) 10,300 won in cash, 10,300 won (14, 14, 300 won in cash, 14, 100 won in cash, and 33) owned by the said victim in the said vehicle, which was parked in the front of the Singu-si, Magwon-si, 274-25, Magwon-si, Magwon-si, 274-25, the Defendant: (b) throw away the deadly weapons, which were in possession of the said victim C; (c) throw away into the said vehicle; and (d) throw away the dangerous weapons, which were in possession of the said victim C, of the said vehicle; and (d) throw away from the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. The police seizure record and the list of seizure;

1. Photographs of seized articles;

1. Photographs of damaged vehicles;

1. Investigation report (Investigation into the G phone of shots);

1. Previous records: Application of criminal records, etc., investigation reports (report accompanied by a copy of the judgment), investigation reports (report accompanied by the number and confinement status related to the period of repeated crime of a suspect) and other Acts and subordinate statutes;

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts, Article 342 of the Criminal Act, and Article 331(2) and (1) of the Criminal Act (a point of attempted special larceny) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the defendant, who committed a crime under the same law, committed a second offense again at least one month after having been sentenced to imprisonment with prison labor for more than two years, and that it is highly likely that the defendant might change to the degree of robbery when he was found to have stolen the goods after carrying a deadly weapon, and when he was found to have stolen the goods with a deadly weapon.

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