logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.15 2019고단747
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 9, 2003, the Defendant was sentenced to a suspended sentence of ten months for attempted larceny at the Suwon District Court. On December 19, 2003, the Defendant was sentenced to a suspended sentence of eight months for larceny, etc. on July 27, 2005; on February 10, 2012, the Defendant was sentenced to a suspended sentence of eight months for larceny, etc.; on June 13, 2013, the Defendant was sentenced to a suspended sentence of eight months for larceny, etc. at the Suwon District Court’s Suwon District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan Branch Branch

Then, on January 5, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the main branch of the Chuncheon District Court on January 5, 2017, and completed the execution of the sentence on July 3, 2017.

On January 14, 2019, at around 10:43, the Defendant: (a) destroyed the gap in C Hospital D located in Michuhol-gu Incheon Metropolitan City, and (b) destroyed the victim E’s wallet for physical treatment, with approximately KRW 262,00,000 in cash, which is the victim’s possession of the object, and stolen the wall in excess of KRW 20,00 in the market price.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to the crime of larceny or larceny, he stolen the property of the victim again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification during the period of repeated crimes of a suspect)-related Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

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

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

1. The sentencing criteria [Determination of the type of punishment] the basic area of larceny under the Specific Crimes Aggravated Punishment Act [Type 1] there is no joint habitual or repeated larceny [the scope of recommending areas and recommendations] (the scope of recommending areas and recommendations], and one year and six months through three years;

2. Determination of sentence is not significant, but damage was immediately returned due to the occurrence of crime at the site.

However, the defendant's previous conviction.

arrow