logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.03 2018고단1514
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 2, 3, or 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

[2] On July 2, 2008, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to two years of imprisonment for larceny, etc. at the Daegu District Court on August 16, 2012. On August 11, 2015, the Defendant was sentenced to two years and six months of imprisonment for habitual larceny at the Daegu District Court and completed the execution of the sentence at the Daegu Detention House on December 15, 2017.

[2] On March 23, 2018, the Defendant: (a) opened a 40,00 won of the victim’s possession market in the vehicle, and took and attempted to steal the victim’s property worth KRW 2,251,00,000 in total on 11 occasions, as indicated in the attached Table of Crimes, at the Sung-gu, Daegu Metropolitan City, Suwon-ro 21, Gi-ro 51, Gi-ro Do; and (b) opened a door in which the victim C was parked; and (c) took and attempted to take and steal the victim’s property worth KRW 30,00,000 in total, as indicated in the attached Table of Crimes.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, and larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, C, G, H, I, and J;

1. A protocol of seizure and a list of seizure;

1. The screen and each photograph of CCTV to be cut down;

1. Records of judgment: Application of inquiries about criminal investigation history, response to inquiries about personal confinement status, and Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 330 of the Criminal Act (a thief for intrusion at night), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (a thief) and Articles 5-4 (5) 1 and 342 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for confiscation [the scope of recommendation] larceny under the Specific Crimes Aggravated Punishment Act.

arrow