logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2004.12.29 2004고단7278
특정범죄가중처벌등에관한법률위반
Text

A defendant shall be punished by imprisonment for two years.

60 days of detention prior to the rendering of judgment shall be included in the above sentence.

evidence of seizure.

Reasons

Punishment of the crime

On August 10, 2001, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court sentenced to imprisonment on December 17, 2002. On August 17, 2002, the Defendant: (a) habitually discovered the Victim D-owned Cargo Vehicles, which were parked in front C at around Busan Special Metropolitan City on August 17, 2004; and (b) laid off the string by using any cresh outside the surrounding area; and (c) removed the correction device by miscellaneous means; (d) removed the correction device by miscellaneous means, the Defendant’s cash 20,00 won owned by the said Victim; (e) one national credit card; (d) one credit card; (e) one resident registration certificate; (e) one resident registration certificate; and (e) one driver’s license; and (e) one was stolen from the date and time to October 24, 2002; and (e) recorded the victim’s property at least two hundred (30) days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the F, G, D, H, I, J, K, L, M, N, andO;

1. Statement of seizure of each police;

1. Notice of criminal records and investigation report (the confirmation report on the date of release);

1. Whether the defendant has habitually been punished several times for the same type of crime: The application of statutes can be recognized in light of the fact that the defendant repeatedly commits each of the larceny of the same kind of crime, and the applicable method and frequency of the crime;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 342 of the Criminal Act comprehensively covering the relevant criminal facts;

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

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

1. Article 57 of the Criminal Act including days of detention;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return of victims;

arrow