logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.06.10 2014고단1114
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant was issued a summary order of KRW 3 million with a fine for larceny in the Cheongju District Court Jeju District Court Branch on September 5, 2013. On December 26, 2013, the Defendant lodged an appeal after being sentenced to a suspended sentence of one year and six months with imprisonment with prison labor for night building intrusion, larceny, etc. on the same court on December 26, 2013.

On April 11, 2014, at around 05:00, the Defendant opened and intruded with “E” operated by the victim D in Cheongcheon-si, Chungcheongnam-do, the Defendant had a cash of KRW 100,000, which is the ownership of the victim in west-si.

From that time to April 26, 2014, the Defendant either stolen or attempted to steals money and valuables equivalent to KRW 1,837,000 in total nine times, as indicated in the annexed crime list, and did not have any property.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each statement of D and I;

1. Seizure records;

1. Each photograph;

1. Previous records of judgment: Inquiries and investigation reports (report attached to a written judgment);

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 continuous repeating of the same kind of crimes in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329, 330, and 342 of the Criminal Act concerning the crime;

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

1. Basic area (2 to 4 years) of types 1 (general habitual larceny) for habitual larceny and repeated larceny within the scope of recommendations;

2. On September 5, 2013, the Defendant was sentenced to a summary order of a fine of three million won due to larceny, and continues to repeat the same crime. Moreover, the Defendant was sentenced to a suspended sentence on December 26, 2013 from the Cheongju District Court Jeju District Court’s Incheon Branch Branch to which he/she had been detained due to separate crimes.

arrow