logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.07 2014고단6316
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 5, 1982, the Defendant was sentenced to a suspended sentence of ten months in the Jeju District Court for larceny. On December 24, 1982, the Defendant was sentenced to a prison term of one year in the Seoul District Court for larceny; on March 5, 1986, the Seoul Northern District Court sentenced a prison term of eight years in the Seoul Northern District Court for larceny, etc.; on November 1, 1991, the Defendant was sentenced to a prison term of one year and six months in the Seoul Central District Court for larceny, etc.; on April 7, 1994, the Defendant was sentenced to a prison term of nine years in the Seoul Central District Court for a special attempted crime; on April 1, 2010, the Defendant was sentenced to a prison term of three years and six years in the Seoul Central District Court for robbery and six years and six months in the Seoul Central District Court for an injury by robbery. The Defendant completed the prison term on August 25, 2013.

Criminal facts

On December 14, 2013, at around 02:00, the Defendant: (a) opened a window by getting a utility pole on the E-cafeteria operated by the victim D in Jung-gu Seoul Metropolitan Government; (b) opened a window on the road; and (c) went into the road by intrusion on the road; and (d) possessed cash of KRW 1,500,000 and KRW 1,500,000.

From that time to July 4, 2014, the Defendant had a total amount of 3,860,000 won of the market price by the above means as shown in the attached list of crimes, as shown in the attached list of crimes.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to F, G, H, I, and J;

1. Each statement of D, K, and L;

1. Each investigation report, each request for appraisal, and on-site photographs;

1. Previous convictions in judgment: Criminal references and statements of the defendant;

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 frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 331 (1) of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes:

arrow