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(영문) 서울동부지방법원 2016.06.17 2015고단3718 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 18, 2011 and completed the execution of the sentence in a female prison on June 14, 2014.

[Criminal facts] The Defendant, along with C, opened a door that does not correct any passenger car owned by others in order to raise living expenses while setting up the living expenses at the Mapo-dong Seoul, Songpa-gu, Seoul, and raised a mind that cash, valuables, etc. in such place may be stolen.

On August 24, 2015, at around 01:25, the Defendant came to the first floor parking lot located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, and found that there was no correction of the language of the Fenz car owned by the victim E, and C reported the network behind the said car, and the Defendant opened a door for which the said car was not corrected and entered the vehicle into the vehicle, and the Defendant carried the vehicle with a fenz equal to KRW 50,000 at the market price owned by the victim.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Genz F’s photograph of crime;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the confirmation of a crime during the period of a suspect A repeated crime), identification of each individual, and current status of confinement;

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;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3) of the Act on Reduction of Small Amount of Punishment (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the Defendant committed the instant crime without being aware of the fact that he/she committed the crime even though he/she was a repeated crime due to the same kind of crime.

On the other hand, the fact that the defendant is against his mistake and the degree of damage is very minor.

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