logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.12.13 2013고합796
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On August 25, 2005, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court, and was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the support by the Incheon District Court on May 3, 2007. On September 18, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the red support by the Daejeon District Court on September 20, 2

【Criminal Facts】

On October 19, 2013, at least 08:10 on October 19, 2013, the Defendant entered a restaurant operated by the victim D in Busan Northern-gu, and entered the said restaurant through an open entrance, and owned by the victim under the direction of the calculations, one head of the Tong, one fung wall, one fung wall, one cash 93,800 won at the market price, four deposit passbooks, and one fng-gu at the market price equivalent to KRW 100,000 at the market price, and two fri-gu women at the market price equivalent to KRW 70,000 at the market price around 170,000 at the market price.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. An investigation report (to hear statements from victims D);

1. Records before judgment: Criminal records, etc., inquiry reports and investigation reports (the current status of arrest and confinement of a suspect);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the same kind of crime has been repeatedly committed within the short time after the execution of each crime, method of crime, frequency of crime, and final punishment is completed;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning 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) of the Criminal Act for discretionary mitigation;

arrow