logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.22 2016고단3347
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 2, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and on March 9, 2012, the Seoul Central District Court was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 11, 2015, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Central District Court, and completed the execution of the said sentence on March 23, 2016.

On August 1, 2016, the Defendant: (a) around 12:33 around August 1, 2016, around the “D E” located in Dongdaemun-gu Seoul Metropolitan Government, concluded that the Defendant’s red shopping cart was placed in front of the Mat and carried into the Mat in order to purchase goods by the victim E (the age of 76).

Since then, the defendant takes up one 10,00 won in cash owned by the victim in the above shopping car, one resident registration certificate, T-Sick transportation card, and one lot point card, each of which contains 10,000 won in the market price.

In addition, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (or investigation into victims and CCTVs);

1. Previous records of judgment: Written inquiries, investigation reports (Attachment to the same paper crime and confirmation of the fact of repeated crimes, etc.), personal confinement status, and application of each statute of the judgment;

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. The sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- There are a lot of records of punishment for the same crime, and even during the repeated crime period, there is a very high possibility of criticism - the recognition and reflect of the crime, and the amount of damage is relatively small.

arrow