logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.05.22 2014고단309
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 30, 2005, the defendant received a disposition to transfer juvenile protection cases to larceny from the Gangnam Branch of the Chuncheon District Prosecutors' Office, from the same office on December 28, 2005, to transfer juvenile protection cases to the same crime, and from the same office on April 26, 2006, the defendant received a disposition to transfer juvenile protection cases to the same crime.

On March 28, 2014, at around 06:25, the Defendant opened a entrance that was not set up in the second floor of the victim DD hospital located in Gangseo-si, Gangnam-si, and opened as his hand, carried approximately KRW 4,000, cash, which is the ownership of the victim, and went to get off.

In addition, from January 1, 2012 to April 1, 2014, the Defendant, as described in the attached list of crimes, failed to pay 1,90,000 won in total for 133 times in total, as stated in the attached list of crimes, and attempted to deduct the victim’s cash over 25 occasions, but did not contain any money, thereby making the Defendant attempted to commit an attempted crime.

Accordingly, the defendant habitually stolens the victim's property and attempted to steals.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. E prosecutorial statement;

1. Each investigation report (163-165 pages, 274-275 pages), respectively;

1. Each CCTV image photograph;

1. Records before judgment: Criminal records and other inquiry reports;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning the crime (to select a limited imprisonment, including habitual larceny and comprehensive imprisonment);

1. Reasons for sentencing under Articles 53 and 55(1)3 (hereinafter the following grounds for sentencing) of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. The scope of the recommended sentence for the sentencing guidelines (determination of a sentence) shall be the thief group, habitual theft, and repeated crime;

arrow