(영문) 서울중앙지방법원 2017.04.27 2017재고합12

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.04.27 2017재고합12

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On October 13, 200, the Defendant was sentenced to imprisonment for a maximum of one year and ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on March 8, 2002, and was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on March 8, 2002. On July 21, 2004, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on July 21, 2004 and completed the execution of the said sentence on May 8, 2010.

[2] On August 20, 2012, around 16:30 on August 20, 2012, the Defendant: (a) had 11 K 14 K thms equivalent to the total market value of KRW 849,420, the victim’s market value, which is located in the display site, was 14 K stms and stolen, by making use of the gaps in which the victim’s counseling with other customers was neglected; and (b) had 14 K stms in which the victim’s market value is located in the display site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by the police for E;

1. Each protocol of seizure;

1. Investigation report (in relation to the location of occurrence, ctv confirmation and time of crime);

1. A previous conviction: A reply to inquiry, such as criminal history, investigation report (a report on the date of release of the suspect) and investigation report (a report on the confirmation of the date of release of the suspect);

1. Habituality of the judgment: Application of Acts and subordinate statutes recognizing the theft and continuation of the crime in light of the records of each crime in the judgment, methods of crimes, frequency of crimes, and the fact that the defendant again commits the crime in this case within the repeated crime period even though the execution of the punishment has been completed for the same criminal record;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

1. The instant indictment on the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crimes was instituted on August 31, 2012, and the Criminal Act was committed at the time.

참조조문

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