2016 Highest 2903 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A person shall be appointed.

OO (prosecutions) andOO (Public trial)

Attorney ○○○ (Non Line)

August 25, 2016

The punishment of the accused shall be determined by a year of imprisonment.

Criminal history room (criminal history)

On May 4, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor in the Seoul Northern District Court for night building intrusion and larceny; on November 30, 2012, the Defendant completed the execution of the sentence; on June 5, 2013, the Daejeon District Court sentenced six months of imprisonment with prison labor in the Daejeon District Court for larceny; on October 28, 2013, the Defendant completed the execution of the sentence in the Daejeon Prison District Court; on January 28, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor in the Seoul Northern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Seoul Northern District Court on November 25, 2014; and completed the execution of the sentence in the Jeju Prison District Court on December 10, 2015, who was sentenced to six months of imprisonment with prison labor in the Jeju District Court as a larceny on April 23, 2016.

[Criminal Facts]

1. The theft against victim B;

On June 3, 2016: around 24, 2016, the Defendant discovered the victim B, who was under influence of alcohol in front of the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and flaped the victim B, and flaped the victim B with a cash of KRW 100,000,000 in cash, which was the right part of the victim B, and stolen the victim B’s property.

2. Larceny against victims C;

On July 9, 2016: around 30: around 30, the Defendant discovered the victim C who was divingd by being under influence prior to the escape of the Changdong Station No. 1 in Dobong-gu Seoul Metropolitan Government ○○○○○○○-dong, ○○○, and found the victim C, but did not ske the victim C. However, the Defendant stolen the victim’s property with one transportation card owned by the victim, which was located in the mobile phone, after deducting the cell phone of the victim C’s damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C and B made by each police officer;

1. The list of seizures and photographs of seized articles;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, each written judgment, and the acceptance status of each individual;

1. Article applicable to criminal facts;

Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see Articles 53 and 55(1)3 of the Criminal Act)

Judges Habcheon-cheon