logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2020.08.19 2020고단913
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 16, 2014, the Defendant was sentenced to four months of imprisonment with prison labor in the Busan District Court for larceny; on June 18, 2015, the same court was sentenced to imprisonment with prison labor for the same crime; on July 23, 2015, the same court was sentenced to two months of imprisonment with prison labor for the same crime; on October 10, 2018, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Busan Correctional Institution on February 22, 2020.

【Criminal Facts】

At around 17:35 on June 17, 2020, the Defendant: (a) entered the “D” operated by the victim C (S) in Scamb, 17:35 on the part of the Defendant, with the victim’s safe bank in charge of the victim’s management, opened the scambre in the scambre, and stolen KRW 1.50,000,000,000 in cash in the scambre; (b) around June 2020, the Defendant: (c) opened the scambre in the scam of the victim’s name in front of the F in Scamb, E, without correcting the scambre; and (d) stolen the scambre in the front of the vehicle without correcting

Accordingly, the defendant, who was sentenced to imprisonment not less than twice due to larceny, has stolen the property owned by the victims again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and each list of seizure;

1. Previous records of judgment: Application of criminal records, reply reports, written judgments and summary orders, one copy of confinement status by individual, and one copy of Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: One to twenty-five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a)forth and second crimes;

arrow