logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.01.19 2016고합504
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 7, 2011, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on July 29, 201, and completed the execution of the sentence. On September 18, 2014, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court, and completed the execution of the sentence on February 4, 2016.

1. From September 12, 2016 to 13:00 on September 7, 2016, the Defendant: (a) habitually opened a gate that did not come up in the house of the victim D located in Namyang-si; and (b) invaded inside the house and did not find money and valuables at the inside and outside of the house; and (c) did not commit an attempted crime.

2. On September 7, 2016, the Defendant habitually escaped and did not commit an attempted crime, when she had a mathic body, such as returning home on September 7, 2016, when she had a house of victim F in the Namyang-si, the Defendant opened a main window at the relevant place and intruded inside to her money and valuables.

As a result, the defendant was sentenced twice or more to larceny, and again attempted to steal another's property habitually within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of victims of D or F;

1. Each investigation report and reports on the results of field identification;

1. Address of the victim's residence;

1. Lease contract;

1. Communications data replies and records of the location of the GPS;

1. Previous convictions in judgment: Search results by prisoners, inquiry about criminal history, reporting on the result of confirmation of previous convictions in disposition and reporting on investigation (Attachment to judgement, etc.);

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

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act with respect to the crime (including cases) under the relevant Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

arrow