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(영문) 서울중앙지방법원 2014.6.20. 선고 2014고합187 판결

특정범죄가중처벌등에관한법률위반(절도)

Cases

2014Gohap187 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

Defendant

A

Prosecutor

Park Ho-young (prosecution), Associate-hee (Public trial)

Helpers

Attorney B (Korean National Assembly)

Imposition of Judgment

June 20, 2014

Text

A defendant shall be punished by imprisonment for three years.

1,000,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,00

Reasons

Criminal facts

On June 19, 192, the defendant sentenced on June 19, 1 year and 6 months of imprisonment with prison labor for habitual larceny from the Seoul District Court Branch Branch of the Seoul District Court (hereinafter referred to as the "Seoul Northern District Court" in the indictment), October 17, 2001 from the Seoul District Court's Dong Branch of the Seoul District Court (hereinafter referred to as the "Seoul East District Court" in the indictment), 2 years of suspended execution in October due to larceny, etc.; 2 years of suspended execution in September 8, 2005 at the Seoul Central District Court 2 years of suspended execution in 6 months of imprisonment with prison labor for attempted larceny, etc.; 2 years of suspended execution in 8 months of suspended execution in 1 year and 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seocheon Branch of the Chuncheon District Court on June 5, 2008; 12 years and 2 years of imprisonment with prison labor for the last violation of the Act.

On January 6, 2014, around 14:45, the Defendant entered the victim F’s house in Jongno-gu Seoul Metropolitan Government (hereinafter “D” in written indictment) E, and entered the victim’s house in front of the victim’s visit through the open gate, and intruded into the victim’s room. After drupating the drupture, the Defendant placed the victim’s drupture in front of the drupture, removed the correction devices, and invaded the victim’s room, and included the amount equivalent to KRW 1,630,000,000 in the bank and stolen it, from July 8, 2013 to February 3, 2014, the Defendant stolen the property in total of 1,6530,000 won, such as the list of crimes in attached Form 18 times.

As a result, the defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and habitually stolen another's property within three years after the execution is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Each statement prepared by F, H, I, J, K, L, M, N,O, P, Q, S, T, U,V, W, and X;

1. Reports on intelligence investigation reports, reports on results of field identification, reports on occurrence of each such report, abbreviations, and records of seizure;

1. Screening pictures of each photograph and each CCTV-fashion;

1. Each investigation report (Evidence Nos. 3, 6, 9, 11, 15, 21, 31, 55, 57, 59, 72, 73, 79)

1. Previous convictions in judgment: Criminal records and investigation reports (the same sequence 64);

1. Habituality of the judgment: Recognition of a theft behavior in light of the criminal records of the defendant including the previous conviction in the judgment, the same kind of crime repeatedly committed within a short time after release, and the similarity of the criminal law;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act

2. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

3. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing):

4. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for not less than three years but not more than 25 years;

2. Application of the sentencing criteria;

[Determination of Punishment] Types 1 (general habitual thief and repeated thief) for thief

【Special Convicted Person】

[Determination of the Recommendation Area] Basic Area (at least two years and not more than four years of imprisonment)

[Extent of Recommendation] The imprisonment of not less than three years but not more than six years (in cases falling under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the upper and lower limit of the sentence range shall be increased by 1.5 times, respectively)

3. Determination of sentence: Three years of imprisonment; and

Despite the past history of punishment, the Defendant committed the instant crime again more than 7 months after the completion of the last sentence, even though he had been sentenced three times due to the same habitual larceny, such as intrusion into a house near the university, and theft of money and valuables, etc., the Defendant committed the instant crime more than 16,50,000 won repeatedly over 18 times in total by intrusion into a house in which college students reside, thereby cutting down money and valuables in a total of 18 times in the manner of generating off a house in the Nowon-gu computer, etc., in order to trace by an investigative agency, and even if there was no damage recovery measure up to now, it is inevitable to punish the Defendant who still has not been able to be deemed that there was sufficient warning about the crime itself.

However, on the other hand, the defendant has a strong reflect on his mistake, and the mother who has believed and constantly waited for himself once again to the same female student, and the defendant has repeated efforts to refrain from repeating the crime even through mental treatment in order to repeat his wrong choice. The defendant's act of repeating violence due to alcohol addiction, such as giving articles, etc. to the defendant, and storing them within his house, was efficiencies, and it appears that it was difficult for him to view the above efficiencies to be economically poor and economically poor, and that the defendant's act of cutting down his own life without considering the following circumstances: the defendant's motive and behavior for committing the crime of this case was not revealed in the first half of the 20th century, and the defendant's act of cutting off his own life, such as efficiencies and efficiencies, and the defendant's act of cutting off his own life, without considering the following circumstances.

It is so decided as per Disposition for the above reasons.

Judges

The assistant judge of the presiding judge;

Judges Yang Young-young

Judges Park Jae-min

Attached Form

A person shall be appointed.

A person shall be appointed.