logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2019.08.13 2019고단363
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the crime of larceny of repeated crimes (a repeated crime and intrusion upon residence) was committed on January 2019.

Reasons

On February 1, 2012, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. on February 1, 2012, and on April 8, 2016, the Suwon District Court sentenced the Defendant to the suspension of the execution of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 10, 2017, the Daejeon District Court was sentenced to the imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on November 3, 2018, the execution of the sentence was completed in the third prison of the North Korean District Court of Daejeon District on August 10, 2017.

【Criminal Facts】

On May 23, 2019, the Defendant: (a) opened a back door that was not locked for the purpose of stealing money and valuables between A.I.D., (b) at P.M. and (c) at P.M.’s house, and (d) intruded into the victim’s house, and removed cash of KRW 1,000,000, which is the ownership of the victim, from an envelope that was located in the inside the inside of the inside of the inside of the fore part of the victim; and (b) stolen money and valuables with KRW 12,00,000 and five gold bars under the fore part of the fore part of

Accordingly, even though the defendant intrudes upon the victim's residence and was sentenced to imprisonment more than three times due to theft, etc., he/she again commits larceny during the period of repeated crime.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation report (report on the results of inquiry by the suspect DNA personal information of the detained suspect), - Investigation of personal information; and

1. Records of seizure and the list of seizure;

1. Criminal records: Criminal history records, investigation reports (Attachment of the same criminal records), - personal confinement status, five copies of the judgment [a defendant denies the theft other than cash amounting to KRW 800,000, but criminal facts are recognized according to the witness C’s legal statement]; the application of the law;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the crime;

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

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

1. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

arrow