logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.03.28 2019고단211
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on August 27, 2015, and was sentenced to 1 year and 6 months of imprisonment with prison labor for habitual larceny at the Seoul Northern District Court on August 27, 2015. On April 21, 2017, the Seoul Western District Court sentenced 1 year and 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Western District Court on July 19, 201

【Criminal Facts】

At around 02:28 on December 26, 2018, the Defendant stolen the victims’ property at least nine times, as described in the list of crimes in the attached Form, from the time to December 30, 2018, in front of the “C” way located in Suwon-si B, the victim D, who was installed there, put the dracker in the gap of the locking device of the vending machine managed by the victim D, with the cash amounting to KRW 100,00,000, which is the victim’s ownership located in the same year.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again stolen another's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, K, and L;

1. The police seizure record and the list of seizure;

1. Results of field identification reports, fingerprints appraisal reports, and DNA identification of the detained suspect;

1. Each on-site photograph and each related photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of repeated crimes of a suspect, previous records and attachment of judgment) and statutes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is three times or more for larceny or habitual larceny.

arrow