2018Gohap1143, 1249(combined), Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

The grandchildren, the type of prosecution, and the trials;

Attorney Kim Hyun-sung (Korean)

January 31, 2019

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

Criminal History Office

【Criminal Records】

On August 30, 1995, the Defendant was sentenced to imprisonment with prison labor for ten months with prison labor for night intrusion larceny at the Seoul Northern District Court, 2 years from the probation of 10 months, 10 months from the Seoul Central District Court on September 25, 1998, 20 months from the imprisonment with prison labor for special larceny, etc. at the Seoul Northern District Court on November 28, 2002, and 1 year and six months from the Seoul Northern District Court on May 3, 2006 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Northern District Court on May 3, 2006, and 1 year and six months from the imprisonment with prison labor for night intrusion larceny at the Daegu District Court on December 13, 2007, and was sentenced to a fine of three years from the Seoul Central District Court on September 30, 2011 to the said case on September 25, 2017.

【Criminal Facts】

"2018 Gohap1143"

1. On April 25, 2018, at around 08:21, 2018, the Defendant observed that the victim B inputs a password from the stairs in front of the Gangnam-gu Seoul Metropolitan Government D apartment E, where the C couple resides, in front of the instant apartment E, in front of the instant apartment E, and around 11:15 on the same day, the victim B entered the password, which was recorded in advance, at around 11:25 through 12:06 on the same day of the external shipper B, into the electronic computer, and intrudes into the apartment of the victims, and then it is difficult to identify the market price of the victims’ possession, at two Lmond halfs and 10,000 won, and at KRW 40,000,000,000,000, 700,000,000 won, which were the victim B’s market price owned by the external shipper.

2. On November 12, 2018, at around 13:50, the Defendant: (a) divided the first type of the body into several occasions, for the purpose of theft of goods at the Victim H (Inn, 27 years of age) house located in Seocho-gu Seoul Metropolitan Government F apartment G; (b) however, there was no human stample, and then, (c) into the victim’s residence by inserting the cell phone and the enormous machine prepared in advance in order to cover the e-mail throwter from the front door of the front door to the front door; and (d) by inserting it into the front door of the front door, the Defendant intruded the victim’s residence in sequence.

As a result, the defendant was sentenced to two or more penalties for larceny, and habitually commits larceny within three years after the execution of the sentence is completed.

"2018 Gohap1249"

On November 13, 2018, at least 13:40 on November 13, 2018, the Defendant: (a) divided the first race and confirmed that there is no K of the victim; and (b) laid down a huge amount of locking device through a refratus under the front door of the front door, and then laid down a lock device inside the inner part of the victim’s house, and intruded into the victim’s house and stored in the inner part of the inner part; (c) KRW 1.50,000 in cash, which is the victim’s possession; and (d) KRW 200,000 in the market value; and (e) KRW 14 km in a market value equivalent to KRW 200,00.

Accordingly, the defendant was sentenced to punishment twice or more for larceny, and habitually stolen another's property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

2018 Gohap143

1. The police statement of H;

1. A written statement of victim C;

1. Visual closure photographs and internal reports attached to a report on internal investigation (verification, etc. of CCTV images around the place of occurrence);

[Confirmation of an occurrence site and interview with a victim] The images of a photograph attached to the on-site and investigation report (specific as a suspect).

1. The crime tool and mobile phone picture of the victim and the mobile phone picture of the victim;

"2018 Gohap1249"

1. A statement of K;

1. On-site photographs, CCTV pages, CCTV images, transportation cards, and photographs;

“Prior Records in the Market,”

1. A inquiry report, such as references to criminal records of the case of "2018 Gohap143", written judgments attached to investigation reports (report on the confirmation of criminal records of the same kind as a suspect and repeated crimes), the status of personal confinement, written judgments attached to investigation reports (report on the confirmation of criminal records of the suspect), the search records of the case attached to investigation reports (report on the confirmation of criminal records of the suspect), references to criminal records, etc. of "2018 Gohap1249", personal confinement status, written judgments, etc.;

"Habitualness in the market"

1. Recognition of dampness in light of the records of each crime, method of crime, frequency of crimes, and the fact that the same kind of crime has been repeated several times;

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 319 of the Criminal Act (Overall Control)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for three to fifty years; and

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

[Determination of thief] Class 2 of the thief Act on Specific Crimes Aggravated Punishment (Habitual thief)

[Special Aggravation] Aggravations: Where a person repeatedly commits a crime using a specific number of methods or implements.

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] Three to Six years of imprisonment

3. Determination of sentence: Imprisonment with prison labor for not less than three years and six months;

○ Unfavorable Conditions

Although the Defendant was punished several times for the same crime of the same method, he/she again committed the crime of this case during the period of repeated crime. In particular, in consideration of the fact that the first instance court was punished by a fine due to a crime of intrusion upon residence in the court of first instance, and committed the crime of larceny by intrusion upon another person's residence without any particular effort to adapt to society, and that there is a concern that he/she might commit a more dynamic and friendly crime, it is necessary to restrain the criminal impulse separately from society for a certain period of time. The victims have complained for a large amount of mental impulse beyond economic damage. The victims have not been recovered from damage, and have not been used by the victims.

○ favorable circumstances

The defendant shows the form of reflection by recognizing his or her mistake, which will not be committed in the future.

Considering the above circumstances, the defendant's age, character and conduct, environment, family relationship, health status, motive and circumstance of the crime, method and method of the crime, and circumstances shown in the records and arguments of this case shall be determined as ordered by the text.

The presiding judge; and

Awards and Decorations for Judges

Judges Lee Jong-deok

1) On the third trial date, the prosecutor filed an application for permission to amend a bill of amendment to the indictment, adding the phrase "for the purpose of cutting off the article" to the facts charged, and this court permitted the application.

2) In around 2006, the Defendant had been aware of the thief by the same method, and was punished as the crime of robbery by robbery for the purpose of evading arrest.