logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.06.10 2016고합223
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

[criminal record] On December 7, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and on June 28, 2013, sentenced to three years of imprisonment with prison labor for the same crime at the same court on June 28, 2013 and completed the execution of the sentence at Busan Correctional Institution on December 23, 2015, and the same records of punishment are seven times in total.

[2] On January 28, 2016, the Defendant: (a) around 10:00, at the alley direction platform in a line of 1 in the document station located in the city of Busan, Busan, the center of Busan, and around 730; (b) at around 10:0, the Defendant, as a passenger, included the gap in boarding the subway by the victim C in the knife on the part of other victims; and (c) 1,000,000 of the market price of which is equivalent to KRW 9:50,000

L. A. L. theft was committed.

In addition, the Defendant stolen the victims' property five times in total from the time to March 30, 2016, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each statement prepared by E, F and G;

1. Each report on investigation;

1. Each CCTV photograph;

1. Seizure records;

1. Photographs of damaged articles;

1. Previous convictions: A reply to inquiry, such as criminal history, report on the results of investigation (verification of the suspect's records of the same kind of crime, attachment of the suspect's judgment, attachment of the suspect's repeated crime, confirmation of the suspect's records of the suspect's repeated crime), number

1. Habituality of the judgment: The application of statutes can be recognized in full view of the following facts: (a) the Defendant was subject to criminal punishment for a total of eight times from 1984 to 1984, including the records of each of the crimes in the judgment, and the execution of the final sentence is completed; and (b) the Defendant again committed each of the crimes in the instant case; (c) the number of larceny crimes punished before and after the instant crimes were committed repeatedly for a relatively short period of time.

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act as to the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 1.

arrow