2018Gohap784 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Freeboard (prosecutions) Dozers (Public Trial)

Attorney Kim Jong-hwan (Korean)

October 26, 2018

A defendant shall be punished by imprisonment for three years.

Criminal facts

【Criminal Power】

On September 8, 2004, the Defendant was sentenced to imprisonment with prison labor for 10 months with prison labor for special larceny at the Seoul Central District Court; 2.4. 2. 2. 2. 2. 2. 3. 1 year of the suspension of execution for 6 months with prison labor for attempted larceny; 1 year and 6 months with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul East East District Court on November 14, 2007; 2 years with prison labor for 2 years with the Seoul Central District Court on June 17, 2010; 2016, 8, and 1 year with prison labor for the same court on January 23, 2014; and the execution of the sentence at the Seoul Detention District Court on September 18, 2017.

【Criminal Facts】

On May 1, 2018, at around 22:06, the Defendant: (a) accessed the bus stops located in front of Seocho-gu Seoul, Seoul, to the victim C, breadd by drinking alcohol, and then stolen the victim’s property in the victim’s name by cutting off the color reflectors with which the market price on the victim’s own cannot be determined; (b) and (c) subsequently stolen the victim’s property in total amount of KRW 3,718,00,00 for four times from that time until June 27, 2018, as indicated in the list of crimes in the attached Table. Accordingly, the Defendant habitually committed larceny and was sentenced to imprisonment twice or more, and habitually stolen the victim’s property within three years after the completion of the execution of the sentence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, C, and F;

1. The police seizure record and the list of seizure;

1. Reports on internal investigation (Statement concerning the damage status of the victim's wife), internal investigation reports (verification of the victim's taxi boarding place), internal investigation reports (verification of CCTV and search for the victim's taxi boarding place), internal investigation reports (verification of CCTVs around the taxi boarding place and checking of the victim), internal investigation reports (verification of the victim's dynamics and checking of the victim's dynamics), investigation reports (Analysis of CCTV moving-off of the suspect), investigation reports (information on the tracking of the suspect moving-off), investigation reports (information on the search warrant), investigation reports (information on the search of the taxi witness), investigation reports (information on the moving route of the suspect after the taxi getting out of the taxi), investigation reports (information on the location of the suspect and the arrest of the suspect), investigation reports (information on the victim's statement and closed-circuit CCTV investigation), investigation reports (information on the scene), investigation reports, reports on the victim's internal investigation reports (related to the scene of the crime), investigation reports (information on the scene of the crime), investigation reports (information on the front of the suspect, personal information on CCTV inside the scene);

1. Before the judgment: Criminal records, etc., investigation reports (report of confirmation during the period of repeated crime of a suspect), court rulings, and integrated case search and output;

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, method and frequency of crimes, and the fact that repeated crimes have been committed after the execution of punishment sentenced for the same kind of crime was completed;

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 Article 329 of the Criminal Act (including the point of habitual larceny, inclusive)

1. Aggravation for repeated crimes;

Article 35 (Cases of Habitual Theft) of the Criminal Act: Reasons for sentencing; 1. The scope of punishment by law: 3 years to 50 years.

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Type 2 of thief Act on the Aggravated Punishment, etc. of Specific Crimes (Habitual thief)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 2 to 4 years of imprisonment

[Scope of the revised sentencing] Three to Four years of imprisonment (the lowest limit of the sentencing guidelines is lower than the minimum limit of the applicable sentencing in law, so the lower limit of the applicable sentencing guidelines shall apply).

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

The crime of this case was habitually stolen the victims’ property, and the nature of the crime is not good in light of the course and method of the crime, frequency of the crime, and habituality. Although the Defendant had had been punished several times due to the same kind of crime, again committed a repeated crime during the period of repeated crime. The victims were not compensated at all, and they were punished against the Defendant.

The circumstances favorable to ○: the Defendant recognized all of the crimes of this case, and is against the law.

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu

A person shall be appointed.