logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2012.09.06 2012고단847
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On September 22, 1988, the Defendant was sentenced to a suspended sentence of one year for attempted larceny in the Daegu District Court, two years for the Defendant’s imprisonment with prison labor for one year and six months for special larceny, etc. at the Daegu High Court on December 27, 1989; four years for the Defendant’s imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Theft; one year and six months for the Defendant’s imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Theft; and one year and six months for the Defendant’s imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Theft at the Daegu District Court on December 20, 206 at the Daegu District Court on December 16, 2008; and completed vocational training from the North Korean prison on September 15, 2015.

At around 04:10 on June 17, 2012, the Defendant habitually stolen approximately KRW 4,528,00 in total, including approximately KRW 4,528,00, KRW 20 in total, KRW 152 in total, KRW 100 in total, KRW 100 in total, KRW 75 in total, KRW 50 in total, and approximately KRW 20 in total, on the part of the Defendant driving a cargo vehicle owned by the victim E, which was parked on the front road of Ansan-dong-dong-dong-dong-dong-dong-si, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E, G, and H;

1. On-site forest site:

1. Each investigation report (to attach photographs ofCCTV image data, to attach the details of vehicle inquiries, to attach photographs, and to report CCTV photographs for crime prevention);

1. Records before and after judgments: Criminal records, etc. inquiry reports and investigation reports ( current status of personal identification and confinement, and attachment of judgment);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

arrow