logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.14 2016고합132
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 16, 2009, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and on November 8, 2012, the Seoul Southern District Court sentenced the Defendant to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Southern District Court, and was sentenced to three years of imprisonment on May 25, 2015 and completed the execution of the sentence in a large number of larceny criminal records.

On November 13, 2015, the Defendant was sentenced to six months of imprisonment for a crime of intrusion upon residence in Seoul Southern District Court on December 31, 2015 and completed the execution of the sentence in Seoul Southern Southern District Court on December 31, 2015.

1. On March 8, 2016, at around 01:30 on March 8, 2016, the Defendant habitually left the victim D’s house located in Guro-gu Seoul Metropolitan Government, with the intent to steal the victim’s property, and left the entrance door by hand. However, in light of the description on the 133 side of the investigation record, the Defendant attempted to commit a wind that is discovered to the victim (the “the father of the victim’s house” recorded in the indictment appears to be a clerical error).

2. On March 15, 2016, around 05:35, the Defendant habitually intruded the victim’s property owned by Guro-gu Seoul Metropolitan Government E through the window of the living room where the victim was able to steal the property owned by the victim. However, the Defendant did not commit an attempted wind, which is visible to the mother of the victim.

Summary of Evidence

1. Legal statements from witnesses D and G;

1. A written statement;

1. Protocols of seizure, list of seizure, and photograph of suspect;

1. On-site reports on results of field identification, on-site photographs, etc.;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of criminal history data in the past of a suspect A), investigation report (Attachment of relevant written judgments), and result of search of prisoners;

1. Habitualness of the judgment: Recognition of dampness (the defendant was unable to drink from the beginning of March 2016 at the time of police investigation) taking into account the past records of each crime, methods of crime, frequency of crimes, and the fact that the same kind of crime was repeated several times;

In 2015, the victim D's house was made.

arrow