2014 Highest 4418 Violation of the Act on Aggravated Punishment, etc. of Specific Crimes (Larceny)

(Habitual thief)

A person shall be appointed.

Escopics (prosecutions) and Yellowia (Public Trial)

Attorney B (Korean National Assembly)

February 12, 2015

Defendant shall be punished by a fine of KRW 3,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor at the Seoul High Court on April 3, 2009 for larceny, etc. and was sentenced to one year and six months on November 26, 2010, and was sentenced to imprisonment with prison labor at the Seoul Southern District Court on November 26, 2010 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), and was sentenced to one year and six months on November 9, 2012 by the Seoul Central District Court on November 9, 2012.

On October 21, 2014, the defendant, at around 30, under the status of having weak ability to discern things or make decisions due to the stimulative disorder, heavy impulse disorder, and excessive drug uniforms, which are mental illness, at the clothes store of "D operated by the victim C in Guro-gu Seoul, Guro-gu, Seoul, with the victim C, who is in the 97 Newdoro Emb," the victim sent a cre in one eye of the victim's own market value of 71,800 won in total.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs of damaged articles;

1. Previous records of judgment: Criminal history records, investigation reports (Attachment to the judgment of the same type A), and report on the results of confirmation before and after the disposition;

1. Habituality of judgment: dampness is recognized in light of the records of the crime, the number of crimes, and the same kind of crimes committed several times, etc. in the judgment;

Application of Statutes

1. Article applicable to criminal facts;

Articles 332 and 329 of the Criminal Act; Selection of fines

1. Statutory mitigation;

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

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

1. In full view of various evidence duly adopted and examined by the court, various normal relation data submitted by the defendant, and the results of the investigation before the judgment of the probation office, the following circumstances are revealed.

A. The Defendant experienced conflicts due to the husband’s business failure during the marriage life, etc., and divorced around 1999, and led to the outbreak of depression. Around 199, the Defendant gradually increased the symptoms, such as a bipolar, emulative shock disorder, etc., along with the depression and depression.

B. From August 2008, cosmetics were put into a stolen crime, etc., to be subject to criminal punishment of fines of 4 times and 3 times and 4 years in total (4 years in total) by November 2012. The most of these crimes were carried out with goods in marina clothes or precious metal stores, as in the instant case, and all of the cases where a sentence was imposed was recognized as mental and physical disability.

C. After being released on June 16, 2013, the Defendant received basic living benefits, and received the basic living benefits from the Kanwon, and was unable to recover excessively exempted water in order to avoid the rich reality. The Defendant committed larceny in a situation where he she was deprived of water exemption before the instant crime and she committed a larceny during the mold.

statement is made by the court.

D. For that reason, the Defendant has been in a personal relationship, such as not exchanging with other family members except college students. Around September 2014, 2014, the Defendant started living together with Yang ○○○ (the remaining, 52 years old) and recently applied for support for lease-lease housing for the housing-disadvantaged class. The above Yang ○○ promised to do his best to treat the Defendant while being accompanied by his guardian and the person accompanied by his guardian, and the Defendant continues to engage in drug treatment and is also serving in society.

E. Meanwhile, the damaged goods were immediately returned at the site and there was no agreement with the victim separately.

2. Although mental illness within the original meaning that impedes the ability to discern things is the cause of the wall or the cause of the wall is the same as that of the shock disorder, if it can be assessed to be equal to that of the person with mental disorder within the original meaning due to its serious seriousness, the larceny crime resulting therefrom is deemed to be a crime resulting from mental disorder (see Supreme Court Decision 2002Do1541, May 24, 2002, etc.). In this case, it is reasonable to view that the above defendant's age, character and behavior, environment, and circumstance at the time of the crime is likely to affect the defendant's mental disorder or character defect. However, the defendant cannot be deemed to have caused the crime of this case due to the actual outbreak of the wall for larceny, along with mental and physical disability, and therefore, it cannot be readily concluded that the criminal act of larceny was not habitually executed for the reason that the offender was in the state of mental disorder at the time of the crime, and it cannot be concluded that the crime of larceny was not habitually executed for 137 years after the end of 207.

3. However, as seen above, the primary cause for the crime of the Defendant’s mental illness or character defect requiring treatment and management was not only the small amount of damage, but also there was no actual damage to the victim, and considering various circumstances such as the fact that the Defendant’s new foundation for support was able to expect sufficient prevention of recidivism through voluntary treatment in the future, it is somewhat harsh to select and sentence imprisonment with prison labor for the Defendant;

Judges Cho Jae-chul