logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.06.21 2019고단1349
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 25, 2011, the Defendant was sentenced to one year and six months of imprisonment for larceny, etc. at the Daegu District Court on May 2, 201, and was sentenced to ten months of imprisonment for larceny, etc. at the Suwon District Court on May 2, 2014, and was sentenced to one year of imprisonment for larceny, etc. at the Suwon District Court on December 9, 2015, and on August 9, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on August 16, 2018, and completed the execution of the sentence at the wooden Prison.

On March 1, 2019, at around 00:04, the Defendant: (a) ordered the victim C’s “D” restaurant operated in Gyeonggi-gu, Gyeonggi-do, to enter the restaurant to be a customer; (b) was waiting for food, and (c) was stolen by taking 100,000 won in cash from the outside speculative machine of the victim, which is suffering from a suspect by taking advantage of the gap in surveillance, such as packing the satisfaction; and (d) was waiting for food.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and again stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the victim's written statement;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (suspects' previous records and confirmation of repeated crimes);

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

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

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

1. Scope of punishment by law: One to twenty years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief [Class 1] joint habitual and repeated crime [special multiple-principal] under the Specific Crimes Aggravated Punishment Act - mitigated elements: In the area of mitigation [the scope of recommending area and recommending punishment], the area of mitigation of punishment [the scope of recommending area and recommending punishment], one to two years and six months [the general person] - Damage factors of mitigation: no minor damage [the grounds for suspending the execution of punishment].

3. Determination of sentence: Imprisonment with prison labor for one year and the defendant for a repeated crime;

arrow