logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2014.04.25 2014고단287
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 6 or 7 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On May 21, 2008, the Defendant was issued a summary order of one million won by larceny at the Daegu District Court. On February 18, 2010, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspension of execution with prison labor for larceny, etc. at the Daegu District Court Kimcheon Branch on March 22, 2012. On March 22, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Busan District Court on March 26, 2013. On March 26, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Daegu District Court on July 6, 2013.

Defendant,

1. On March 1, 2014, around 04:30, opening a driver’s seat that was parked by the victim D in front of the Daegu Western-gu C, Daegu-gu, and taking 4,000 won in the street owned by the victim D while receiving the vehicle, and theft them;

2. At around 04:45 on the same day, the victim G opened a H Hasta3 car parked in front of the same Gu F, which is not corrected by the victim G, and takes cash of KRW 14,600 in the aggregate of 6 1,000 won per day and 8,600 won per 6,000 won per annum owned by the victim G in the receipt of the vehicle;

3. At around 05:00 on the same day, the victim J opened a door to a driver’s car parked in front of the same Gu I, which was parked by the victim J, and brought about KRW 2,000 as the victim J owned in the receipt of the vehicle.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, J and D;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal history records, inquiry report, four copies of judgment, investigation report, and investigation report;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime. Article 329 of the Criminal Act

1. Article 35 of the Criminal Act, among repeated crimes.

arrow