logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2013.05.01 2013고단121
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

On March 11, 1966, the Defendant was subject to juvenile protective disposition by a special larceny at the Daejeon District Court, and on August 23, 2007, the same court was sentenced to 8 months of imprisonment with prison labor or 2 years of suspension of execution. On February 11, 2010, the Defendant was sentenced to 1,000,000 won as a fine for larceny from the Changwon District Court’s branch office through the Changwon District Court. On November 8, 2011, the Defendant was sentenced to 2,00,000 won as a fine for larceny. On February 15, 2012, the Defendant was sentenced to 4,00,000 won as a fine for larceny from the Busan District Court’s branch office to the Busan District Court on July 30, 2012 to 5,000,000 won as a fine for larceny.

From January 26, 2013 to 06:30 on January 26, 2013, the Defendant reported that the Victim G was diving in the “Ffnch” waters room located in Sucho Sin Sin Sin Sin Sin Sin Sin, by leaving his mobile phone adjacent to the Victim G, and that the Defendant habitually stolen the Victim G with only one S3 mobile phone at the gallon city of Samsung ju, the market value of which is the victim G, from that time to March 10, 2013, with eight copies of the cell phone of the total market value of 7,750,000 won and one physical card, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each statement of I, G, J, K, L, C, and D;

1. Previous convictions in judgment: Residents' inquiry, criminal records, etc., investigation reports (a copy of judgment on the same kind of case);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the number of crimes, and the same kind of crimes committed several times within a short time;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the selection of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused acknowledges and reflects the crime, and that there is no criminal conviction or heavier punishment);

1. Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation;

arrow