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(영문) 서울동부지방법원 2013.12.12 2013고단2686
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On November 8, 200, the defendant was sentenced to 8 months in Seoul Central District Court for larceny, 1 year in imprisonment with prison labor for special larceny, and 10 months in imprisonment with prison labor for special larceny at the Incheon District Court on September 14, 2007, and 8 months in imprisonment with prison labor at the Seoul Central District Court on November 27, 2009, and completed the execution of the sentence at the Incheon Detention House on July 5, 2010.

On July 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Seoul Eastern District Court on July 11, 2013, and the judgment became final and conclusive on September 27, 2013.

【Criminal Facts】

On August 19, 2012, from around 21:35 to 21:40 on the same day, the Defendant cut off one Samsung galthoon cell phone in the amount of KRW 50,000,000 at the market price of KRW 1,000,000,000 in cash and one galth card from the victim's home located next to the victim's home, using the gaps in which the victim C was divingd.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to C and D;

1. A report on internal investigation (report on the analysis of the seats in use of transportation cards), internal investigation reports (report on the current status of boarding and leaving a thief suspect), internal investigation reports (verification, etc. of the number of trains boarding and leaving a stief), internal investigation reports (specific number of suspected transportation cards), investigation reports (Analysis of the use of transportation cards), investigation reports (verification of CCTV for a victim-related suspect), investigation reports (verification of CCTVs, such as moving and leaving a suspect of August 19, 19), investigation reports (verification of CCTVs), and investigation reports;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (examination of revision of names of crimes and attachment of latter concurrent judgments) and other Acts and subordinate statutes;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

1. The Criminal Act among repeated crimes;

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