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(영문) 서울중앙지방법원 2018.08.16 2018고단3012
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 11, 2010, the Defendant was sentenced to 4 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 200,000 won by a fine at the Seoul Central District Court on March 22, 2012 (the expiration of the term of punishment on April 18, 2014) and completed the execution of the sentence at the Southern Prison on April 18, 2018, by being sentenced to 4 years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (special robbery, etc.) in the Gwangju District Court’s Net Branch on March 22, 2012.

[Criminal Facts]

1. A special larceny Defendant: (a) around April 28, 2018, around 04:27, at the “E” page for the victim’s D operation located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, 20,000 won in cash owned by the victim in a small credit cooperative of the calculated unit, by breaking the front door glass with his/her hand and destroying it with his/her strong trace; and (b) intrusion into the front door, thereby leaving the victim’s cash

In other words, they stolen them.

2. The Defendant: (a) around 04:40 on the same day as paragraph (1) 1, the Defendant: (b) opened and intruded a window that was not corrected in the location of the Victim G in Seocho-gu Seoul, Seocho-gu Seoul; and (c) taken off one cash 213,500 won in cash owned by the victim at the small credit cooperative of the account unit; and (d) one SK credit card.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Police seizure records;

1. On-site photographs, field identifications, photographs, and seized objects;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of a judgment of a detained suspect), investigation report (the receipt of a Seoul detention house and the staff currency) and other Acts and subordinate statutes;

1. Article 331 (1), Article 330 (Special Larceny) of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense;

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

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommending punishment] of the Act on the Mitigation of Small Quantity, the mitigation area (from August to January to June) of the mitigation area (special mitigation (a person who has increased the number of punishment) of general property.

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