(영문) 인천지방법원 2016.11.24 2016고단7028

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(영문) 인천지방법원 2016.11.24 2016고단7028

특정범죄가중처벌등에관한법률위반(절도)

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

Reasons

Punishment of the crime

[criminal power] On March 21, 2014, the Defendant was sentenced to three years by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on April 28, 2016 at the Gwangju Prison. On June 3, 2010, the Defendant was sentenced to two years and six months of imprisonment with prison labor at the Incheon District Court for the same crime, etc. on June 3, 2010, and was sentenced to one year and six months of imprisonment with prison labor at the same court on July 9, 2008, and was sentenced to eight months of imprisonment with prison labor at the same court on April 13, 207.

【Criminal Facts】

On September 27, 2016, around 17:39, the Defendant conspiredd to steal the victim’s property by putting the victim’s d in Bupyeong-gu Incheon Bupyeong-gu, with both shapes E, while cutting cash into the Schlage, the Defendant, while cutting the victim’s horses and cutting the victim’s money, was sharing the role by preventing the victim from being aware of the theft.

The Defendant, at the above date, at the same place and place, had the victim, who was in the place, had the victim enter the tax exchange to his own tax exchange, had the victim ask the victim about the tax exchange price. He saw the victim's tax exchange. E opened a door to the safe in order to divide the dialogue between the Defendant and the victim by using the cresh of the locker, and took out the cash amount of KRW 200,000,000, which is the victim's possession.

Accordingly, the defendant stolen the victim's property jointly with E.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of D;

1. The picture of the case site (FS) and the neighboringCCTV analysis photograph around the case site;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of the same kind of crime and the same records during the period of repeated crime), written judgments and acceptance status, etc., records of dispositions, results of confirmation and reporting Acts and subordinate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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