logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.04.06 2019고단3814
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant was sentenced to a suspended sentence of 6 months for attempted larceny in the Suwon District Court's Sungnam Branch, and on February 17, 2016, the Defendant was sentenced to a suspended sentence of 6 months for imprisonment with prison labor for larceny, etc. on May 12, 2016, and the said sentence became final and conclusive on May 12, 2016, and was sentenced to a suspended sentence of 1 year for larceny, etc. at the Seoul Central District Court on April 26, 2018, and completed the execution of the sentence in the Ansan Prison on February 20, 2019.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor for larceny or attempted crime, and again stolen another's property during the period of repeated crime.

At around 15:10 on June 8, 2019, the Defendant: (a) stolen goods equivalent to the sum of KRW 44,780,00, total of KRW 44,780, without paying the following money, in Dat operated by the Victim C in Gangseo-gu Seoul Metropolitan Government, in the amount equivalent to KRW 4,50,00, the market value of which is equivalent to KRW 1,600, 4, 1,600, 1,980, 1,17,50, and 1,500.

Summary of Evidence

1. Legal statement of witness E;

1. Some statements in the suspect examination protocol of the accused prepared by the police;

1. Photographs, such as damaged articles;

1.CCTV image CD;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records and confirmation), judgment, application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief under the Act on the Aggravated Punishment of Specific Crimes [Class 1] joint habitual and repeated larceny [special multiple-secters]: In the area of mitigation of punishment [the area of recommending and the scope of recommending punishment], the area of mitigation of punishment (the area of recommendation and the scope of recommending punishment], one year to two years and six months;

3. One year of imprisonment with prison labor for a decision of sentence; and

arrow