2012Gohap545 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Yellowia (Public prosecution), Hukhee, and Maternia (public trial)

Attorney Yoon Gyeong-Gyeong (Korean)

May 14, 2013

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized evidence 1 to 5 shall be confiscated.

Criminal facts

On October 11, 2005, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court, and on June 13, 2007, the Ulsan District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on June 16, 2009, the Ulsan District Court sentenced three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on September 10, 2012.

On October 18, 2012, around 04:00, the Defendant discovered a cab owned by a victim (victim) parked in the south-gu Seoul Metropolitan City, Ulsan Metropolitan City, and stored a dricker due to the difference of windows behind the front string of the said cab, and then cut down the 20,000 won in cash, which entered the drick, after cutting down the window between them by hand, and turned down the window between them.

The Defendant, from around that time to December 8, 2012, stolen the total market value of KRW 5,038,00,000 through 27 times, such as the list of crimes in the attached Table, in the south-gu Seoul Metropolitan City, Ulsan Metropolitan City.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each written statement in B;

1. Each report on the occurrence of each case, site appointment, personal identification of thief cases, investigation reports (in relation to the verification of addition of damaged articles), and investigation reports (in relation to the crimes No. 22 of the List of Offenses, the verification of victimized parties to the victim);

1. Records of seizure and the list of seizure;

1. Photographss and photographs of each site;

1. Previous convictions: Four copies of the written judgment and investigation reports (verification of the date of release);

1. Habituality: In light of the fact that the Defendant had been punished three times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and that the Defendant committed the instant crime several times within a short period of time due to the recent three years and six months of imprisonment with prison labor, and that the Defendant committed the instant crime.

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; Articles 331(1), 330, and 329 of the Criminal Act (generally, choice of limited imprisonment)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 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. Number;

Article 48(1)1 of the Criminal Act, grounds for sentencing

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

[Determination of Punishment] Where a person repeatedly commits a crime using a special veterinary method, instrument, or organization among larceny group, 03 habitual and repeated larceny group, 1 general habitual and repeated larceny (specially under guard).

[Scope of Decision and Recommendations] Aggravation area, 4 years and 6 years and 9 years of imprisonment (in cases falling under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the upper and lower limits of the scope of sentence shall be increased by 1.5 times)

3. Determination of sentence: Imprisonment and three years and six months; and

Considering the fact that the Defendant committed the instant crime at another time at the time when the execution of the final sentence was completed not only three times as well as the history of punishment for the same crime, the Defendant committed the instant crime, and that most of the instant crimes were committed by destroying the glass window of a vehicle by using a drack, etc., and that, in order to prevent the occurrence of one’s criminal act, the Defendant stolen the inside goods of the vehicle, as well as the theft of the vehicle booms or its chips together with the vehicle chips for a period not exceeding 2 months, and that the relevant method was consistent with and repeatedly committed on 27 occasions during which the victim did not agree with the victim, it seems inevitable to treat the Defendant as a severe punishment.

However, the fact that the defendant acknowledges all of the crimes of this case, the crime of this case is against the defendant's recognition, and the crime of this case can be seen as a living type crime committed under the hard economic conditions of the defendant, and there is a little room to take into account the motive of the defendant's awareness that he wanting to sleep in the situation where he shows satisfy by growing himself, and the amount of each damage caused by an individual crime is not large, and part of the damage is already returned to the victims and recovered from damage, and all other circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as age, environment, character and conduct, circumstances after the crime, etc., are considered to be lower than the lower limit of the sentencing guidelines for the recommendation according to the sentencing guidelines as ordered.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

7. Opinions of guilt of only seven jurors

2. Two years and two years of imprisonment with prison labor for a term of three years and six years and two years of six, respectively.

The presiding judge, the Full Judge Line

The number of judges appointed

Judges Preferential-hun