logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.03.27 2012고합1265
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 11, 2002, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court. On December 1, 2005, the Defendant was sentenced to one and half years of imprisonment with prison labor in the same court and completed the execution of the sentence on April 24, 2007. In addition, the same criminal records are more than three times.

The Defendant employed a "E" restaurant for the operation of the victim D in Gwangju Mine-gu C.

At around 02:15 on April 12, 2010, the Defendant habitually carried out a small credit cooperative, which is located adjacent to the cater, using the key of the credit cooperative that was delivered by the victim with any cret cresh in a cafeteria to the cafeteria, and continuously took up KRW 500,000,000,000, which is the cash owned by the victim in the cater, by using the said key, and 40,000,000,000,000 won, which is the cash owned by the victim, was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by witnesses D in the second protocol of the trial;

1. Legal statement of witness F;

1. Statement made to D by the police;

1. A statement of the F;

1. The suspect A who has left for a long time;

1. CCTV photographs;

1. Previous convictions: Inquiry reports, investigation reports (Attachment to judgments), investigation reports (verification of the date of release);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the similarity, etc. between each criminal record, the criminal records of this case and the past criminal records;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply) concerning the crime

1. Article 35 of the Criminal Act among repeated crimes; proviso to Article 42 of the former Criminal Act;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the circumstances favorable to the defendant among the reasons for the punishment).

arrow