logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.01.25 2017고합81
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

The seized 50,000 won portion (No. 3) shall be returned to the victim C.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 2, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gangnam Branch of the Chuncheon District Court, and on September 3, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for habitual larceny, etc. at the Gangnam Branch of the Chuncheon District Court, and completed the execution of the sentence at the Gyeongbuk vocational training prison on June 11, 2017.

【Defendant Inasmuch as the above was sentenced twice or more due to habitual larceny and the execution of the sentence was completed, at around 00:00 on September 18, 2017, the victim E was operated by the victim in Gangseo-si, Gangnam-si, the Defendant attempted to habitually steals the victim’s property or steals the victim’s property at least six times in total from that time until October 29, 2017, by putting the rear door into a compulsory opening and entering the opening, with a string of the market price equivalent to KRW 3.50,00,000, the victim’s own on the face of the page, owned by the victim, and 1.50,000,000 won of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each statement concerning F, G, E, H, C, and I;

1. A list of evidence of police seizure records:

1. A list of evidence of cafeteria CCTV photographs, and a photograph of the closure of neighboring CCTV images;

1. All on-site photographs;

1. Previous convictions: A written reply to inquiry, such as criminal history, report on investigation (verification of crimes and the same records during the period of repeated crime), text of judgment, etc.;

1. Habituality of judgment: Application of Acts and subordinate statutes to recognize theft in light of the records of each crime, similarity of the number of crimes, frequency of crimes, and repeated committing of the same kind of crime in this case within a short time after the execution of the final sentence is completed;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 331 (1), and 342 (including provisions) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act (amended by Act No. 11, Jun. 11, 2017) for aggravated repeated crimes.

arrow