logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.02.03 2016고단2198
절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On May 16, 2014, the Defendant was sentenced to two years and six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Support for the Daejeon District Court. According to the Constitutional Court’s decision of unconstitutionality as to Article 5-4(1) of the above Act, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual larceny in the same court on September 4, 2015, and the execution of the sentence was completed in the branch of the Daejeon District Court in the Daejeon District Court.

[2] Around July 17, 2016, the Defendant: (a) opened and opened a door of the EN No.S. car owned by the victim D, the owner of the victim parked in an unrectal state, in front of Dong-gu, Nam-gu, Chungcheongnam-gu; and (b) stolen the Plaintiff’s property worth KRW 5,239,000,000, total market price from the above date to October 13:13, 2013 of the same year, as indicated in the List of Crimes, by the following methods: (c) around 10 times in total, the Defendant stolen the property of KRW 5,239,00,000 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records and list of seizure;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. For the reason of sentencing Article 35 of the Criminal Act for aggravated repeated crimes Article 35 of the Criminal Act, the first crime [the scope of recommendation] for general property - the second type (10 to 2 years) for the aggravated area (10 to 2 years) for the general property / [the scope of recommendation / 2 for the same repeated crime not falling under the aggravated area (10 to 2 years) for the general property / the aggravated area (10 to 12 years) for the second type (10 to 2 years) for the larceny area for the general property / [the scope of recommendation ] for the same repeated crime 3 [the scope of punishment for the general property ] for the same type (10 to 2 years) for the aggravated area (10 to 2 years) for the general property / [the special aggravated person] for the same kind of repeated crime not falling under the aggravated area for the specific crime (a special aggravated offense).

arrow