logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2012.10.10 2012고단3845
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On November 23, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Gwangju District Court, and on February 8, 2011, the said judgment became final and conclusive and is still under suspension of execution.

On July 10, 1998, the defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court on July 10, 199, and was sentenced for two years and six months.

【Criminal Facts】

The Defendant habitually stolen or attempted to steals the victims’ property, as follows.

1. At around 22:04 on March 26, 2012, the Defendant cut off the door of the above vehicle at the front parking lot of 301,01, which was parked at the Gwangju Mine-gu, Gwangju, by cutting off one gate equivalent to KRW 5,00,00 of the market price, which is equivalent to KRW 15,00,00 of the market price, owned by the victim, and KRW 10,00,000 of the market price.

2. On July 16, 2012, at around 17:40, the Defendant: (a) obstructed the victim G H Tart car parkeded in the Seo-gu, Seo-gu, Gwangju; (b) destroyed the free will of driving of the victim G H Tart car; and (c) attempted to steals the goods owned by the victim; and (d) attempted to destroy the free will of driving of the vehicle; but (c) attempted to have the alarm of the said vehicle sounded on the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Report on investigation (specific as a suspect), report on investigation (specific as a suspect), and report on investigation (influence and photograph of the suspect);

1. Previous convictions indicated in judgment: Criminal records, US records and results of confirmation;

1. Habitualness of judgment: Application of Acts and subordinate statutes to which dampness is recognized in light of the power, details, frequency, etc. of each crime in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 342 of the Criminal Act, comprehensively including the corresponding Article on the crime and the choice of punishment;

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

arrow