logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2013.10.11 2013고단379
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 26, 1993, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Northern District Court for larceny, etc.; on May 22, 2002, the Defendant was sentenced to a suspended sentence of 8 months in prison; on February 5, 2004, the Defendant was sentenced to a prison term of 50,000 won in prison branch of the Chuncheon District Court for larceny; on December 3, 2007, the Defendant was sentenced to a suspended sentence of 50,000 won in prison branch of the Chuncheon District Court for attempted larceny; on April 13, 2010, the Defendant was sentenced to a suspended sentence of 6 months in prison for attempted larceny, etc.; on December 16, 2010, the Defendant was sentenced to an imprisonment of 11 year in prison with prison labor, etc. at the Chuncheon District Court for attempted larceny, and completed the execution of the sentence on December 23, 2012.

1. On August 22, 2013, around 07:07, the Defendant habitually opened a door of “D” in the trade name of “D” located in Seocho-si, Seocho-si, and temporarily stolen KRW 110,000,000 in cash owned by the victim E.

2. On August 26, 2013, the Defendant: (a) habitually opened a door that was not set up from the said “D” to 105; and (b) stolen the said door with a hand room of KRW 30,000 in cash, the victim F, and a hand room of KRW 100,000 in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Investigation report (calculated of actual victims' counterpart damage caused by non-specified goods);

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry report, and personal identification and acceptance status;

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 crime committed several times during the period in which the crime is committed;

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

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

1. The accused under Articles 53 and 55(1)3 of the Criminal Act recognizes the crime.

arrow