logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.14 2016재고합37
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a period of three years and ten months.

Seized evidence of subparagraphs 1 through 4 and 13 shall be confiscated, respectively.

seizure.

Reasons

Punishment of the crime

On November 5, 2004, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court for three years and six months. On May 8, 2009, the Defendant was sentenced to imprisonment for the same crime at the Seoul Central District Court for three years and completed the execution of the sentence on March 16, 2012.

At around 06:30 on November 11, 2012, the Defendant opened and entered a Raber with the door referred to in subparagraph 102 located in Jung-gu Seoul Metropolitan Government, Jung-gu, the Defendant: (a) opened and opened a Raber; (b) opened a 20,000 won in cash owned by the victim E; and (c) opened a 1,000,000,000,000 won in the market price of the victim’s mobile phone holding 9,000,000 won; and (d) attempted to steal or steals all things worth 2,05,000,000,000 won in total, over 22 times as indicated in the list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by F, G, H, I, J, E, K, L, M, N,O, P, Q, and R;

1. Photographs (Evidence Nos. 6, 15, and 16 of the evidence list), telegraphs and CCTV screen pictures, photographs of confessions of suspects, and photographs of the suspect's body to purchase the suspect's tools of crime;

1. Each protocol of seizure and photographs of seized articles;

1. Each report on the occurrence of an event (the sequence 1,11,22,27,32,36,37,40),

1. Each report on internal investigation (the sequence 3, 4, 17) ;

1. Each investigation report (the sequence 26, 31, 34, 39, 44);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment, and the personal identification and acceptance status;

1. Habituality of judgment: Application of Acts and subordinate statutes that recognize the commission of larceny, in light of the criminal records of the defendant including the previous offense in the judgment, the criminal records of the defendant and the criminal records of the same kind within a short time after release, and the frequency of crimes

1. Relevant Article of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act (generally, the choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes (see, e.g., Supreme Court Decision 8 May 2009).

arrow