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(영문) 광주지방법원 2016.04.27 2016고단369
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

(2) On August 14, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Incheon District Court’s Branch Branch of the Incheon District Court on May 22, 2015. On January 20, 2016, the Incheon District Court sentenced the Defendant to one year and six months of imprisonment with prison labor for special larceny, etc., and the said judgment became final and conclusive on January 28, 2016.

[2] The Defendant: (a) proposed that he stolen money and valuables by finding money and valuables to B and C at the friendship D’s house; and (b) conspired to steal money and valuables in C and B, etc. with the Defendant’s care due to leaving D as a room; and (c) conspired to steals money and valuables.

On June 29, 2015, at around 12:00 on June 29, 2015, the Defendant was found in the Dong of Dongjak-gu Seoul Metropolitan Government building E**** the above D's house, and the Defendant was in fluencing with D's attention while entering a flusium, and flucing with B, B, and C, coming to flucing with him, and was in flucing with him.

D’s father’s 2 million won in cash, 2 million won in cash, 2 gold keyss equivalent to the total market value of the victim’s possession, 4 million won in gold, 1 gold sheet, and 6 gold sheets, all of which are owned by the victim.

They go back.

As a result, the defendant stolen the victim's property together with B and C.

Summary of Evidence

1. Copy of the protocol concerning the examination of suspect B to the defendant's legal statement;

1. Copy of the statement made by the prosecution with regard to D;

1. The list of seized articles and photographs thereof;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (fixtures, such as copies of judgment);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes (i.e., special larceny, etc., the execution of which was completed on May 22, 2015 among the records of the crime in the judgment)

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (limited to special larceny, etc., of which judgment becomes final and conclusive on January 28, 2016, among the records of crimes in the judgment);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of punishment by law: Six months to ten years; and

2. Scope of recommended sentences on the sentencing criteria: The records of the relevant crime, whichever is applicable, on January 28, 2016.

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