(Intimidation) Special Intimidation for recognised Crime)

2015 Highest 2753 (Consolidation) Fraud

2016 Highest 376 (Joint) Property Damage and Damage.

2016 Highest 638 (Consolidation) Attempted larceny of a structure at night, theft, and intrusion upon a structure

Residence

Reference domicile

(2015 Highest 2118)

1. On May 10, 2015, the Defendant: around 08, at around 08, Article 00 of the number of doors around the New-dong Industrial tower in Ulsan-gu.

A vehicle with No. 000 is driven by the U.S. District Court. The Defendant, while changing the vehicle from the two lanes to the one lane, had 0000 vehicle for the victim's DoB (19 years old) driving in the first lane, her own shouldered in the front of the DoB (19 years old). The Defendant threatened with the victim by using a vehicle, which is a dangerous object, with a method of driving the vehicle more than five times in front of the victim's car, and continued to 21:10 times in front of the U.S. Military Court, tried to leave the vehicle in front of the victim's car driving along the third lane on the same road in front of the Seoul Special Metropolitan City Office, and carried the vehicle in front of the victim's two lanes and three lanes, and carried the vehicle in front of the victim's vehicle and carried the vehicle in front of the victim for 47 seconds, thereby threatening the victim as a dangerous object.

【2015 Highest 2753】

2. On July 9, 2015, the Defendant: (a) calls from the Ulsan-si Branch Co., Ltd. for a loan of KRW 24 million; and (b) calls from the Fund to the Fund; and (c) calls for a loan of KRW 10 million for a loan of KRW 4 million; (b) is unable to engage in any work; (c) in the event that the Fund provides a singing room with a loan, it is possible to repay the loan with a deposit and mechanical value. However, the Defendant did not think of the above KRW 10 million to the Fund; (d) the Defendant provided a loan of KRW 00,000,000 to the Fund; and (e) the Defendant was able to obtain a loan of KRW 10,000,000 from the Fund of KRW 0 to the Fund of KRW 0; and (e) the Defendant was able to obtain a loan of KRW 7,000,000 from the Fund of KRW 10 to the Fund of KRW 7,000.

【2016 Height376)

3. The Defendant: (a) around April 29, 2015: 07:43, Ulsan-gu, Ulsan-gu, 250 Manyle 250,000,000.

It was destroyed that approximately KRW 258,00,000 of the repair cost, which was 10,000, 000, 000 parked by the victim's ○○○○, as a fitness, was flick.

【2016 Height638)

4. On May 8, 2015, around 05: around 40, around 40, the Defendant: Around 00, 000 golf clubs managed by the victim KimD, the Defendant: (a) intruded into the instant golf club through windows; and (b) cut off with a golf-backed one set of golf products owned by the victim Kim E, which had been located in a place where the first floor golf bags was kept, with a single golf bag (market price of KRW 4 million).

5. On May 21, 2015, the Defendant: (a) around 03:22, in the same manner as Paragraph 4, “victim KimD management” managed by the victim KimD ** Alley-gone, which was placed in the second floor back room, after intrusion into the said facility through windows; and (b) did not come to an attempted attempt, but did not come to the wind, which is an employee of the security company dispatched by the operation of the unmanned alarm system, to the F, who is an employee of the security company.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Article of the Act and the selection of punishment for the crime;

Criminal facts Paragraph 1: Articles 284 and 283 (1) of the Criminal Act (Selection of Imprisonment)

Criminal No. 2: Article 347 (1) of the Criminal Act (Selection of Imprisonment)

Criminal facts paragraph (3): Article 366 (Selection of Imprisonment)

Criminal facts No. 4: Article 329 (Larceny and Selection of Imprisonment) of the Criminal Act and Article 319 (1) of the Criminal Act.

Admission, Imprisonment, or Imprisonment)

Criminal No. 5: Articles 342 and 330 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Permissible Night between Crimes and Punishment)

Aggravation of concurrent crimes with punishment prescribed for attempted larceny of a structure

Reasons for sentencing

1. Recommendation type of the sentencing criteria;

【Special Intimidation】

0 Type : Terrorism-Crime 4 (Habitual, Cumulative, Special Intimidation)

○ Special Convicts: None of them

○ Scope of Recommendations: Imprisonment of six months to one year and six months (the basic territory)

Whether a suspended sentence is suspended or not: Comprehensively comparing and evaluating the reasons for the suspended sentence.

- Reasons for negative reference: Where a person commits a crime by carrying a deadly weapon or other dangerous articles;

- Reasons for negative general reference: Where the driver of a motor vehicle in operation is a victim, damage recovery;

None of its history

- positive reasons for general participation: contingent crimes, serious reflector, or there is no previous conviction or more than a stay of execution.

[Offense of Fraud]

○ Type: General Fraud (less than KRW 100,000)

○ Special Convicts: None of them

○ Scope of Recommendations: Imprisonment of six months to one year and six months (the basic territory)

○ General Convicts: Serious reflective (Mitigation elements) and use of personal trust relationship (aggravating elements)

Whether probation is suspended or not: A comprehensive comparison and evaluation of the reasons for probation.

-The reasons for negative reference: Unagreement;

- Major reasons for affirmative participation: where substantial damage is considerably small;

- Reasons for negative general participation: No effort to recover from damage

- positive reasons for general participation: Serious reflector, and there is no criminal conviction or more than suspended sentence.

[Crime of Causing Property Damage]

○ Type: General Criteria for Damage (Destruction of Property, etc.) No. 1

○ Special Convicts: The motive for the commission of the crime (aggravating factors)

○ Scope of Recommendation: Imprisonment for a period of eight months to one year and six months (aggravating area)

○ General Convicts: Serious reflectives (Mitigations)

Whether a suspended sentence is suspended or not: Comprehensively comparing and evaluating the reasons for the suspended sentence.

-The negative reasons for the crime: the motive for criticism;

- No effort to recover damage is made;

- positive reasons for general participation: Serious reflector, and there is no criminal conviction or more than suspended sentence.

【Bath of Theft】

○ Type: thief thief 4 (Intrusion thief) for general property.

○ Special Convicts: Where a person intrudes into any place other than an indoor residential space (type 4, element of mitigation)

○ Scope of Recommendation: Imprisonment for a period of eight months to one year and six months (the scope of mitigation);

○ General Convicts: Serious reflectives (Mitigations)

Whether probation is suspended or not: A comprehensive comparison and evaluation of the reasons for probation.

-The reasons for negative participation: Not recovered from damage

- positive reasons for general participation: A serious reflect that there is no criminal conviction or more than a stay of execution;

【Handling of Multiple Crimes】

○ The punishment range of larceny is the basic crime, and the punishment range of property damage is the maximum of the punishment range of basic crimes.

1/2 of Korea, 1/3 of the upper limit of the amount of punishment in fraud ( Imprisonment of 8 months to 2 years and 9 months)

○ The crime of intrusion upon a structure is identified as a type of "accident theft" and is not treated as a majority of crimes.

○ Since the sentencing guidelines have not been set for the crime of attempted larceny of night buildings, the lower limit is the lower limit.

The lower limit of the scope of sentencing in accordance with the sentencing criteria for crimes for which the sentencing criteria are set;

2. Additional considerations.

○ Whether the content of the crime is diverse and the number of times is not specified

In the case of special intimidation, there is a bad quality of the crime, such as causing dangerous situations on the road.

○ The Defendant repeats the recent criminal acts with similar contents.

○ The age, character, conduct and environment of the defendant

3. Determination of sentence;

Imprisonment with prison labor for a year and two months;