logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.20 2017고단4038
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On March 13, 2001, the Defendant was sentenced to imprisonment with prison labor for the following crimes: (a) two years after the suspension of execution to eight months; (b) two years after the suspension of execution to six months; (c) one year after being sentenced to special larceny at the Incheon District Court on February 19, 2009; (d) eight months after being sentenced to imprisonment with prison labor for night building intrusion larceny at the Jung District Court on June 11, 201; and (e) three years after being sentenced to imprisonment with prison labor for the same offense in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on May 25, 2012; and (e) a person who completed the execution of the said final sentence at the same prison on January 7, 2015.

[2] On September 2, 2017, at around 00:40 on September 2, 2017, the Defendant: (a) opened an unrecepted door door door to the victim D; (b) opened the door door to the second floor by using stairs; and (c) invaded upon the victim’s residence; (d) opened the new door to the new door to the victim for the purpose of cutting away the object; and (e) attempted to escape from the wind.

Therefore, even though the defendant had been sentenced to imprisonment with prison labor for larceny at least three times, he/she again attempted to larceny at night during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Articles 6-4 (5) 1, 342, and 330 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime under the relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] [the scope of punishment] intrusion (one year and six months to three years), the basic area (one year and six months to six years), and the basic area (the general aggravated person] [the decision of sentence] Defendant’s power, the statutory punishment of the instant crime, and the scope of applicable sentences, are inevitable, and the scope of recommendation is the same as the above.

arrow