logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.05.27 2015재고합2
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and eight months.

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2001, the defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor for special larceny in the Busan District Court's Branch Branch.

9. In the same court on April 20, 207, five years of imprisonment with prison labor for larceny, etc.; eight months of imprisonment with prison labor for night intrusion larceny; ten months in the same court on August 11, 2008; one year and six months of imprisonment with prison labor for larceny; and one year and six months in the same court on November 19, 2009; and one year and six months in the same court on August 26, 201; and one year and six months in the same court on August 26, 2011, after being sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and one year and six months in the same court on January 22, 2013.

【Criminal Facts】

At around 08:10 on January 28, 2013, the Defendant entered the victim D, operated and managed by Seocheon-gu, Seocheon-si C, in front of the office’s warehouse, and the victim did not yet attend the office, and entered the place above the above warehouse gate and 30 km when the victim’s market price in the place was 60,000 won.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation (general) and photographs of the damaged site;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and current status of personal identification and confinement;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing the habition of larceny in light of the records of each crime and the method of frequency of crimes in the judgment;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders: Imprisonment with prison labor for the crime of this case in February and August, which habitually steals the property of the victim, and the nature of the crime is bad.

Even before the crime of this case was committed, the Defendant had been punished for the larceny crimes several times, and even after the execution of the final punishment was completed, he/she again has to do so during the period of repeated crime.

arrow