logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2019.10.31 2019고단1017
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On February 15, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Busan District Court, six months of January 12, 2017, and ten months of imprisonment with prison labor for the same crime in the same court on February 28, 2018, and four months of imprisonment with prison labor for the same crime at the same court on December 18, 2018, and completed the execution of the sentence in the detention house on March 14, 2019.

【Criminal Facts】

At around 05:15 on August 4, 2019, the Defendant: (a) opened a closed door to “D church” managed by C, which is located in Tong Young-si B; (b) went into the open door; and (c) went into the open door; (d) opened one cell phone with the victim E-owned market value equivalent to KRW 600,000, the victim’s market value in the second floor infant room; and (b) cut off the victim E-owned property from that time until August 30, 2019.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to night building intrusion, theft, etc., and again committed night building intrusion, larceny, larceny, etc. during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Attachment of CCTV photographs;

1. Each report on investigation;

1. Previous records of judgment: Application of criminal history records, investigation reports (the fact that the period of repeated crime of a suspect is in progress and previous records);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 329 of the Criminal Act, and the choice of imprisonment with prison labor for each crime, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc.

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Two to fifty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. Second Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] [Determination of thief] thief under the Specific Crimes Aggravated Punishment Act (Type 1].

arrow