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(영문) 인천지방법원 2019.11.29 2019고단7677
특수절도
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On August 23, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Western District Court (Seoul Western District Court), and on January 27, 2019, the Defendant completed the execution of the sentence in Seoul Southern Prison.

On October 19, 2019, the Defendant, along with B and C around October 19, 2019, conspiredd with B and C to take overall control of the crime, B, and to sell the vehicle and precious metal if they stolen it, C, the role of driving a vehicle in shift with B, and the Defendant, who directly entered the gold bank, to look into and escape from the precious metal.

On October 20, 2019, at around 18:56, the Defendant: (a) was in Gyeyang-gu Incheon Metropolitan City D, a prior day prior to driving a vehicle by C; (b) Company C was established in the vicinity of the vehicle; (c) Company B instructed the Defendant to move the vehicle with precious metal to a remote road, and to communicate with Company C; and (d) the Defendant waiting in the vehicle with Company C; and (c) as the Defendant was able to look into the said E, the Defendant changed the sales to the victim F, the said E, who is the owner of the instant E, and then the victim escaped from the market price by 14 km from the market price to the outside.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Previous convictions in judgment: Application of criminal records and other inquiry reports, and Acts and subordinate statutes to report an investigation (a) during the period of repeated crimes of a suspect;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Aggravation of the range of recommending punishment according to the sentencing guidelines [decision of punishment] thief for general property [Type 2] general larceny [special stief]: The area of aggravation of repeated crimes of the same kind which do not fall under specific crime Aggravated Punishment [the scope of recommending punishment and recommending punishment], imprisonment with prison labor.

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