logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2013.06.28 2013고단82
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On July 15, 2004, the Defendant was sentenced to 6 months of imprisonment with prison labor for night building intrusion larceny at the Seoul Northern District Court on June 24, 2005, sentenced to 6 months of imprisonment with prison labor for night intrusion larceny at the Suwon District Court on March 29, 2006, and sentenced to 1 year and 2 months of imprisonment with prison labor for special larceny at the Seoul Northern District Court on October 19, 2007, and completed the execution of the final sentence on February 27, 2012 after being sentenced to 1 year and 6 months of imprisonment with prison labor for special larceny at the Seoul Northern District Court on October 19, 2007.

【Criminal Facts】

At around 02:30 on March 26, 2013, the Defendant, at the construction site of the general housing located in Seosan-si, Seosan-si, a new construction site of general housing, 408,000,000 won of the market value owned by the victim D, stolen another’s property habitually and habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of D police statements;

1. Images of on-site photographs;

1. Criminal records as stated in the judgment: Criminal records, etc. inquiry report, each copy of the judgment, and the current status of personal identification and acceptance;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing the habition of larceny in light of criminal records, criminal methods, and period of recidivism, etc.;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment: Imprisonment for one year and six months to twenty-five years (Selection of imprisonment, aggravation of repeated crime, and mitigation of punishment);

2. Sentencing Criteria [Determination of Punishment] Group of thieves, Type 1 (General Habitual Larceny) of Habitual thieves (Scope of Recommendation Punishment): Imprisonment with prison labor for a year and six months to three years: No special weight of punishment is available;

3. Determination of sentence: Imprisonment with prison labor and the accused for a period of one year and six months shall be sentenced to imprisonment several times for the same crime;

arrow