logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2013.04.12 2012고합266
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Jeonju District Court on January 18, 2007, sentenced 2 years and 6 months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 1 year and 6 months to imprisonment for the same crime in the same court on September 28, 2010, and on March 28, 2012, 5 times the same criminal records are more than 5 times in addition to the completion of the execution of the sentence in the Jeonju Prison.

【Criminal Facts】

Defendant habitually is in a state with weak capacity or intent to discern things due to mental retardation, etc.;

1. On August 8, 2012, around 09:40, the victim D, operated by the victim D, in Yasan-si, Seoul-si, entered a room where the victim D had been under his/her own clothes, and then cut off KRW 700,000 in cash, which is the victim’s possession, from the wall of the victim, in that place; and

2. On October 3, 2012, around 15:30 of the following: (a) the victim G was placed in the “H” beauty room operated by the victim G in the Hasan-si, the victim G, thereby cutting down KRW 80,000 in cash, which is the victim’s possession, from the victim G, to the victim G’s wall located on his/her chair;

3. On October 11, 2012, around 10:25, the victim J, located in Gasan-si I, stolen a letter of 120,000 won in cash, which was the victim’s possession within the bank located after the victim J, located in Gasan-si, and 100,000 won in gift certificates.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G and J;

1. An appraisal report;

1. Records before judgment: Criminal records, etc. inquiry reports and investigation reports (a copy of the judgment attached and a report on confirmation of the date of release);

1. Habituality of the judgment: Considering that the Defendant was sentenced to punishment for the same type of crime, the number of crimes, the number of crimes, and the same type of crime as indicated in the judgment and the execution of the sentence was not long after the completion of the sentence, it is recognized that the Defendant has a habit of larceny. The application of statutes is recognized;

1. Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act shall be included in the relevant criminal facts, and the selection of punishment.

arrow