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(영문) 제주지방법원 2012.4.23.선고 2012고합7 판결

특정범죄가중처벌등에관한법률위반(절도)

Cases

2012 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

Defendant

Mens (masts) and other employees in 69

Housing Jeju-do 1 Paths

Head of the City of Do in the place of registration

Prosecutor

Kim Tae-hee (prosecution, public trial), and doctoral degree (public trial)

Defense Counsel

Attorney Lee Sung-hoon (Korean Civil Code)

Attorney Doh-ro (Korean National Assembly Line)

Jurors

five persons

Imposition of Judgment

April 23, 2012

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal History Office

Criminal Power

On May 2, 1995, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Jeju District Court on two years, and on February 13, 2003, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in Jeju District Court on June 23, 2005, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on June 23, 2005, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in Jeju District Court on September 11, 2008, and completed the execution of the sentence on June 16, 201.

Criminal facts

At around 05:20 on November 24, 201, the Defendant: (a) opened a 69°1387 galloned vehicle of the victim river parked in the parking lot on the north side of the Taesular apartment apartment located in Jeju City; (b) opened a gallon vehicle of KRW 200,000 in the market value of the victim river located in that house; (c) opened a 1 North Korean house of KRW 300,000 in the market value of KRW 60,000 in the market value; and (d) continued intrusion into the 8:5,000 warehouse with the 60,000 square meters in the market value; and (d) owned the 00,000 square meters in the market value of the 19,000 square meters in the market value; and (e) continued intrusion into the 205,000 square meters in the market value of the 205,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of KimO or Sagle;

1. Investigation report (on-site photographing and name related to the crime); and

1. Each photograph;

1. Previous records: Criminal records and other inquiries, investigation reports, investigation reports (verification of the date of release from the court), and investigation reports (Attachment to a copy of the judgment);

1. Habituality: The criminal defendant has been sentenced to the same criminal punishment for four times or more, and commits the crime of this case again within the short time after the execution of the last sentence has been completed, which is recognized as a habit of larceny;

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, and Articles 329 and 330 of the Criminal Act (Generally, Selection of limited imprisonment)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Discretionary mitigation;

The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Type 1 (general habitual thief and repeated thief) among thief and habitual thief

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area: Imprisonment of three to four years (one year and four years (two to four years and six months, which is the mitigation area), but the lower limit of the above Recommendation range is lower than the lower limit of the punishment, and thus, the lower limit of the punishment is set at the lower limit of the punishment).

[General Aggravationd ] Aggravationd : Infringement of Residence

2. Determination of sentence: Three years of imprisonment;

Considering the fact that the defendant has been sentenced four times for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and in particular, five months have passed since the execution of the final sentence was completed, and again commits the crime of this case, it is necessary to severely punish the defendant.

However, the defendant repents his mistake and reflects his depth, and the victims do not want to be punished against the defendant by agreement with the victim of the crime of this case, the motive of the crime was recovered immediately, the location where the defendant intrudes into the defendant is used for the purpose of the warehouse, and the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and all other circumstances constituting the conditions for the sentencing specified in this case, such as the situation after the crime, shall be determined as ordered.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

Opinions of guilt: Five persons;

Opinions of innocence: Ten persons;

2. Opinions on sentencing

Three years of imprisonment: Four persons;

Imprisonment with labor for a period of three years and six months: One person;

For more than one reason, this case against the defendant is judged as ordered through a participatory trial according to his wishes.

Judges

Maximum defense (Presiding Judge)

Kim Ho-ho

Scargs