(영문) 서울북부지방법원 2015.07.03 2015고단1498

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(영문) 서울북부지방법원 2015.07.03 2015고단1498

절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 4, 2012, the Defendant sentenced the Seoul Central District Court to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the enforcement of the sentence on May 24, 2013 at the Seoul Detention Center.

On April 30, 2015, the Defendant: (a) from around 08:13 to around 08:24, from the 08:24, the subway station from the subway station to the Dobong mountain station, the Defendant: (b) opened a bridge with the victim C by using the crebs mixed with the passengers, and cut off one wall with the 17,000 won in cash, credit card 1, and three bank security cards by referring to a "retail machine".

Summary of Evidence

1. C’s legal statement;

1. Investigation report (written instructions of arrest of police officers during the criminal scene), investigation report (suspect's criminal administration and CCTV investigation of subways), and photographs;

1. Police seizure records;

1. Previouss before ruling: Criminal history records, and the application of the first interrogation protocol of the accused to the prosecution;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel in relation to the assertion of the defendant and his defense counsel under Article 35 of the Criminal Code from repeated crime committed by the defendant and his defense counsel in the subway where the defendant had been under the Dobong mountain basin. However, in full view of the following circumstances acknowledged by the evidence mentioned above, the defendant and his defense counsel can recognize the fact that the defendant deducted the victim from the door of the victim and attempted to put him in a retail in the subway station and the subway station, because the victim et al. puts the wall in front of the front line and closed the spread in the subway station and did not take up the wall. Thus, the defendant and the defendant can recognize the fact that the victim got off from the door of the victim.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제35조

-형법 제329조

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