2016Gohap758 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Kim Jong-chul (prosecution) and Kim Goods (Trial)

Attorney B (Korean National Assembly)

January 20, 2017

A defendant shall be punished by imprisonment for a term of one year and four months.

Nos. 4, 6, and 9 of the seized evidence shall be returned to the victim’s name and unsatisfy, and No. 12 of the seized evidence shall be returned to C.

Criminal Power

On November 12, 1980, the defendant was sentenced to the suspended sentence of 10 months for larceny; 8 months from the Seoul Central District Court to the punishment of larceny; 2 million won from the Incheon Central District Court to the punishment of larceny; 2 million won from the Incheon Central District Court on June 29, 195 to the suspended sentence of 8 months from the punishment of larceny; 3 years from the suspended sentence of 10 months for the punishment of larceny at the Seoul Central District Court on January 12, 2006 to the Seoul Central District Court on September 12, 2006 to the Seoul Central District Court on September 20, 2007 to the Seoul Central District Court on May 27, 201 to the suspended sentence of 10 years; 3 years from the suspended sentence of 10 million won for larceny; and 4 years from the Seoul Central District Court on July 18, 2002 to 3 years from the end of 201.

Criminal facts

The Defendant, as stated in the records of criminal records, sentenced two or more times of habitual larceny, and completed the execution of the sentence, was in the absence of the ability to discern things or make decisions due to the increase of the military register wall caused by the depression of heavy evidence and the decline in the impulse control capacity resulting therefrom, and again, attempted to steal or steal property, such as the victims’ cash total amount of 1,540,000 won, and the victim’s wall and other property, through a total of 10 times as indicated below, over three years after the completion of the sentence.

1. Crimes against victims D;

At around 13:36 on July 17, 2016, the Defendant concentratedd the victim D's shopping on the Alley Eths of Jung-gu Seoul Metropolitan Government, and used the gaps of surveillance negligence, stolen the Defendant's cash of KRW 16,000, 16,000, new physical card and passbook, agricultural bank card and passbook, agricultural bank card and passbook, and head of Tong who was posted on the display stand, with a rapid red bank in the market price in which the resident registration certificate is located.

2. Crimes against non-victimed victims' names;

At around 13:41 on July 17, 2016, the Defendant concentrated on the bruth of the Felth of Jung-gu Seoul, Jung-gu, Seoul, on the clothes of the victim, and attempted to steals the article by putting the hand into the victim's inner part, but failed to achieve that intent.

3. Crimes against non-victimed victims;

On July 17, 2016, at around 13:55, the Defendant concentrated on the back end of the F. 2 above, the victim’s name was put in clothes, and was stolen by taking advantage of the gap where surveillance was neglected, as soon as possible in the market price, which is the victim’s possession, in the case of the victim.

4. Crimes against victims G;

On July 17, 2016, the Defendant concentrated on 400,000 won in cash, which is owned by the victim, in the back side of the Felel as stated in the above paragraph (2) on July 13:58, 2016, and caused the theft by taking advantage of the gaps of surveillance negligence, the Defendant took advantage of the gaps of the victim’s cash, 40,000 won in cash, which is owned by the victim, our credit card bank, national bank, Samsung Credit Card, Samsung Credit Card, Han Bank Credit Card, National Bank Cream Card, Korean bank Cream Card, and driver’s license.

5. Crimes against victims H;

On July 17, 2016, the Defendant concentrated on her clothes in front of the JJ located in Jung-gu Seoul Metropolitan Government I on July 14, 2016, and then stolen cash 70,000 won, which is the victim's possession, in the family room of the victim, by taking advantage of the gaps of surveillance negligence, the Defendant stolen the unclaimed wall in the market where there are resident registration certificates.

6. Committing a crime against K of victims;

At around 12:40 on July 20, 2016, the Defendant cut off the wall containing 300,000 won, cash, 4 credit cards, and resident registration certificates, etc., which are the cash owned by the victim, from the bank where other victims were faced with the gap in the surveillance between the first floor and the first floor underground.

7. Crimes against the M of Victims;

On July 20, 2016, the Defendant: (a) around 13:02, around 2013:02, the Defendant: (b) opened the front part of the part part of the victim, where the part of the victim’s surveillance was neglected before the 0 clothing store; and (c) cut off KRW 580,000 in cash owned by the victim.

8. Crimes against victims P;

On July 22, 2016, from around 12:00 to 13:00, the Defendant: (a) cut off a wall containing two copies of cash, KRW 56,000, driver’s license, credit card, etc., the victim’s possession of the victim; and (b) cut off the wall, which includes two copies of cash, KRW 56,00, and KRW 56,00.

9. Crimes against victims C;

From July 22, 2016 to 13:00 on July 2, 2016, the Defendant: (a) cut off the wall, which contains KRW 100,000, in cash, from the bank where other victims used to put up the gap in the surveillance of the victim C, who sought goods in front of the Qa building in Jung-gu Seoul, Jung-gu, Seoul.

10. Crimes against non-victimed victims;

From around 12:00 to 13:00 on July 2, 2016, the Defendant cut off the wall, which contains 18,000 won in cash, foreigner status cards (No. 6 and 7 seized evidence), two copies of credit cards (No. 8 and 9), etc., from the door that other victims put on the door to the door, and cut off the wall (No. 4 seized evidence).

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of P and C;

1. Each statement in the preparation of M, K, D, G, and H;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (in the event of an outbreak place and peripheral CCTV extraction), a report on investigation (in the first floor CCTV analysis), a report on investigation (in the case of an owner of damaged goods), a report on investigation (in the case of an owner of damaged goods), a report on occurrence (i.e., theft), a report on internal investigation (in the case of an owner of damaged goods), a report on internal investigation (in the case of an owner of damaged goods), a report on internal investigation (in the case of an act of a suspect, prior to committing a crime), a report on internal investigation (in the case of an act of a suspect, prior to and prior to the crime of a suspect), a report on internal investigation (in the case of tracking a suspect, prior to the crime of a suspect) (in the case of a

1. A photograph of seized articles and a written inquiry of their contents;

【Prior Records at the Time of Sales】

1. An inquiry report, such as a criminal history;

1. Investigation reports (verification of the same kind of power), judgments on the same kind of power and personal confinement status;

【Habitualness】

In light of the fact that the criminal records in the judgment of the defendant are several criminal records of the same kind, the repeated crime of the thief in this case is committed again during the period of repeated crime, and the criminal records of the thief in light of the method and frequency of the crime, etc.

Application of Statutes

1. Article applicable to criminal facts;

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act (Overall Control)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Mitigation of mental disorders;

Articles 10(2) and (1), and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Return:

Article 333(1) of the Criminal Procedure Act

Scope of Sentencing

1. The scope of punishment by law: Imprisonment for a period of nine months to twelve years; and

2. Determination of sentence;

【Unfavorable Sentencing Elements】

Although the Defendant had been punished several times as a crime of larceny of the same kind, as indicated in the judgment, he again committed the larceny of this case during the period of repeated crime.

- The Defendant, after completing the last sentence on May 30, 2016, was released from a prison, and two months have not yet passed since the Defendant was released from the prison. As such, the Defendant’s attempt to steals or steals another’s property over ten times under the same veterinary method as the previous larceny crime, seems to have reached a serious level.

- The thief of this case committed by the victims in such a manner that they take the crebs of things from the back of the victims, etc., in a place where many people gather, such as the market, etc., and the method of crime is inadequate, and there are many frequency of crimes.

【Pecuniary Sentencing Elements】

- The Defendant recognized all of the larceny of this case, and is against his mistake.

The Defendant committed the larceny of this case in a state that the Defendant lacks the ability to discern things or make decisions due to mental illness caused by a severe depression and the increase of wall caused by the decline in impulses ability due to such mental illness caused by the depression of symptoms, and caused by the decline in impulses ability, and the Defendant seems to have continuously treated the larceny of this case in the future.

Most of the victims except for the victims of false names do not want to be punished for the defendant by mutual consent with the defendant.

- Family members of the defendant actively provide treatment and guidance to the defendant.

In addition to the above circumstances, the sentencing investigation report prepared by the court investigator according to the court’s request for the sentencing investigation of this Court shall be determined as ordered by comprehensively taking into account all the various circumstances, including the following circumstances: the defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime in this case, and the conditions of the sentencing as shown in the trial process, including the circumstances after the crime.

The judges of the presiding judge;

Judges Domen

Judges Go Young-han

1) Since the elements and statutory penalty under Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes were amended by Act No. 13717, Jan. 6, 2016, the former sentencing guidelines based on Article 5-4(6) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) are not applicable (the new sentencing guidelines under the amended Act shall apply to cases prosecuted after September 15, 2016).