logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.08.25 2017고단440
상습절도
Text

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

Reasons

Punishment of the crime

On November 20, 2015, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny in the Seosan Branch of the Daejeon District Court on November 20, 2015, and the said judgment became final and conclusive on November 28, 2015, and completed the execution of the said punishment in the Red Prison on February 28, 2017.

1. The Defendant committed the crime against the Victim C: (a) on April 2017, in a ginseng field cultivated by the Victim C of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun around 21:00, approximately six years old, the victim of which was located, and approximately 30 kmg of ginseng from the ginseng field cultivated by the Defendant;

In addition, from the end of March 2017 to the above time, it was stolen with a total of 65 km of six-year old ginseng over four times, as shown in attached Table 1-4, as well as a theft.

2. The Defendant committing the crime against the victim E: on May 19, 2017, within the ginseng field cultivated by the victim E of the FF in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun around 20:0 on May 19, 201, the five-year neighboring ginseng 8 km, the victim of which was located.

In addition, from around that time to around December of the same month, a theft was committed with the total of 23 kmg of five years old ginseng, as described in attached Table 5-6, from around that time, to around 22 of the same month.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to E and C;

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

1. On-site photographs, gene appraisers, results of inquiry into DNA personal information of detained suspects, copies of passbooks, investigation reports (to hear statements from witnesses I);

1. Previous convictions: A response to criminal history data, investigation report (report on the same record, including the previous conviction of the suspect and repeated crime);

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 fact that the same kind of crime has been committed in a planned manner;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. Although Article 35 of the Criminal Act for aggravated repeated crimes could have been committed for the same kind of offense as that of sentencing, the crime of this case was committed again during the period of repeated crimes.

arrow