logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2017.11.21 2017고단676
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[2] On November 13, 2007, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seocho District Court’s early branch on November 13, 2007, and was sentenced to a suspended sentence of two years for the same crime in the same court on October 28, 2008, and was sentenced to a two-year imprisonment for the same crime; on December 12, 2012, the Defendant was sentenced to a six-month imprisonment for special larceny in the Changwon District Court’s smuggling support for the Changwon District Court on December 12, 2012; and on September 5, 2013, the execution of the sentence was terminated at the Suwon District Court on November 9, 2015.

[Criminal facts]

1. On September 10, 2017, the Defendant: (a) discovered one motor vehicle of rocketing and other motor vehicles with the market value equivalent to KRW 2,500,000,000, in front of the Government of the Republic of Korea around October 10, 2017; and (b) driven by driving a motor vehicle with the speed of 1,50,000,000 won, which was parked in the same place.

2. On September 10, 2017, the Defendant: (a) driven a rocketing car without obtaining a driver’s license in a section of about 180 km from the front of the Cheong-gu Office of Government around 10:04 on September 10, 2017 to about 23:30 on the same day; (b) around 180 km from the front of the Ha-gu Office of Government Administration to the five-lane per Ha-nam

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Detailed details on driver's license:

1. CCTV images at the theft scene;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (personal history of property crime, repeated crime), and the current status of personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, Article 329 of the Criminal Act (the "Do"), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommending] The basic area (one year and six months to three years) of the Act on the Aggravated Punishment of Specific Crimes (a person who is subject to special sentencing) is the basic area (one year and six months to three years).

arrow