logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.06.18 2015재고단26
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On September 7, 1990, the Defendant was sentenced to a suspended sentence of six months at the Seoul Central District Court for larceny. On November 19, 191, the Seoul Central District Court sentenced the Defendant to a prison term of eight months for larceny, etc. on July 6, 2007. The Seoul Western District Court sentenced the Defendant to a prison term of one year for night residence intrusion and larceny, etc. on August 6, 2007. The Defendant was sentenced to a prison term of eight months at the Seoul Western District Court for larceny, etc. on August 29, 2008. On September 17, 2009, the Seoul Western District Court sentenced the Defendant to a prison term of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on September 7, 2011.

【Criminal Facts】

On October 23:50, the Defendant: (a) opened a 4th floor of the students’ hall at the New Generation School, Seodaemun-gu, Seoul, Seoul, at around 23:50, and intruded into the 132nd floor, and discovered one set of 1 punishment for the opening of the opening of the school at the unclaimed city under the market price, which is the victim’s own name; and (b) took it back and stolen; (c) from the above date to October 16, 2011, the Defendant habitually stolen the property worth approximately KRW 3,450,000 in total on six occasions, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on C, D, E, and F;

1. Records of seizure, list of seizure and photographs;

1. CCTV photographs;

1. Previous convictions indicated in judgment: Criminal records, US records and confirmation reports;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article of the Criminal Act and Articles 332, 330 and 329 of the Criminal Act concerning the selection of criminal facts;

1. Aggravated punishment, etc. of specific crimes applied to the judgment subject to a retrial by the Constitutional Court, where a repeated crime committed the instant crime while living together with his/her resident registration was committed without being taken care of a properly protected and nurtured in a family environment where the Defendant is difficult to find the reason for sentencing Article 35 of the Criminal Act among repeated crimes.

arrow