logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.08.14 2019고단1657
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 June 10, 2002, the Defendant was sentenced to one year and six months from the Incheon District Court to larceny, and two years from the Incheon District Court on January 21, 2005 to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 10, 2009, the Seoul High Court sentenced 4 years from imprisonment to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 17, 2014, three years and six months from imprisonment to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 30, 2017, the Defendant terminated the execution of the final sentence on July 2, 2018.

1. On March 27, 2019, the Defendant, at around 11:23, 2019, stolen the “C church” located in Kimpo-si B, Kimpo-si, with one “Sael Ban” type equivalent to KRW 6.90,00 at the market price of the victim D, which was established in the second floor education center of the above church.

2. On April 7, 2019, the Defendant: (a) committed a theft by 13:26, the “FJ” located on the Bupyeong-gu, Incheon, Bupyeong-gu, and the first underground floor; (b) with one “U.S. Lel Ban” of the market value of the victim G ownership, which was installed on the towing distribution line, equivalent to KRW 700,000,000.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolens the victims' property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. A police investigation report (Attachment photographs of CCTV images taken on the surface of a bed), a CCTV-cap photograph, a criminal investigation report (Attachment of a damaged photograph), a photograph of damaged articles, a criminal investigation report (in the vicinity CCTV analysis and tracking of the suspect moving route), a photograph of the CCTV-cape and a criminal investigation report (in the middle transaction market price of damaged articles), and a photograph of the CCTV-cape;

1. Previous records: Criminal records, inquiry reports by prosecutors, ten copies of decisions by prosecutors, and application of Acts and subordinate statutes of one copy of the status of confinement by individuals;

1. Article 5-4 (5) 1 and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Punishment of Specific Crimes and the Selection of Punishment, etc.;

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

1. The Criminal Act among concurrent crimes.

arrow