2019Gohap40 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Hands (prosecutions), reds, leaptables (public trial)

Attorney Lee Young-young (National Assembly)

May 31, 2019

A defendant shall be punished by imprisonment for four years.

One color knife cap (No. 8), one test color cap (No. 9), two lux (No. 13), two luxlers (No. 14), one color luxe color laps (No. 15), one color laps (No. 20) and one hand laps (No. 20) shall be confiscated, respectively.

Criminal 1)

【Criminal Experience】

On September 15, 2005, the Defendant was sentenced to a suspended sentence of one year and six months in the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to imprisonment with prison labor for the same crime at the same court on April 26, 2007 and one year and six months in the Seoul Western District Court on June 19, 2008, and was sentenced to imprisonment with prison labor for the same crime at the Seoul Western District Court on May 7, 2010, and four years in the same court on May 15, 2015. The Defendant was sentenced to four years in imprisonment with prison labor for habitual special larceny, etc. at the Seoul Central District Court on September 25, 2018.

【Criminal Facts】

In advance, the Defendant prepared to commit the crime tools, such as downs (f0ccm), hats, masts, locks, etc., and attempted to draw up the objects of the crime, and stolen the property.

On October 28, 2018, from around 22:07 to 22:16, the Defendant opened D office locks operated by the victim C (Namnam and 49 years of age) in Seocho-gu Seoul Metropolitan Government, using a locked, and entered the office door, and entered the office room, with one computer monitor of the amounting to KRW 1.3 million at the market price owned by the victim, one computer with the market price of KRW 300,000,000 and one million in cash at the market price of KRW 1.3 million.

In addition, the Defendant habitually committed an attempted theft from October 28, 2018 to December 10, 2018 by the same method, 37 times in total, including the list in the annexed crime list. The Defendant committed an attempted theft from the victims of property amounting to KRW 39,801,70.

Accordingly, the defendant was sentenced to more than two times due to the habitually violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and the habitual larceny, etc., and again attempted to steal or steal the victims' property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statements of the accused in part of the trial records first and second times;

1. Partial statement of the defendant;

1. Written statements of each victims;

1. A report on occurrence of each thief incident, each scene photograph of the crime, CCTV data, and investigation report (report on the E of reference witnesses and the hearing report of F Statements);

1. Protocols of seizure, lists of seizure and photographs of seized articles;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and judgment;

1. Habituality of judgment: 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 committed in a planned and organized manner;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331(1) and 342 (General Provisions) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Confiscation;

Article 48(1)1 of the Criminal Act [No one point (No. 12) shall be owned by the defendant (No. 1412 pages of evidence records)] Article 48(1)1 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Three years to fifty years; or

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

[Determination of Punishment] Larceny under the Specific Crimes Aggravated Punishment Act (Type 2)

[Special Aggravation] Aggravated Punishment: Where a person repeatedly commits a crime using a specific method, instrument, or organization.

[Recommendation and Scope of Recommendation] Aggravation, 3 years to 6 years of imprisonment

3. Determination of sentence: Four years of imprisonment;

【Free Circumstances】

The defendant has led most of the crimes, and is going to return to normal social members through vocational education. The defendant agreed with some victims.

【Unfavorable Circumstances】

The Defendant had a number of same criminal records, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and habitual special larceny, and the Defendant began to commit the instant larceny under the same veterinary method as that of the previous crime, since 2 months have not yet passed since the four-year imprisonment was completely executed due to habitual special larceny, etc. In preparation for the crime, the Defendant committed the instant larceny in a planned way, and committed the instant larceny by destroying the entrance and damaging the office, etc., and by impairing the office, etc., and committed property theft. While the Defendant was suffering from the previous Cho Jae-gu’s disease, it is no longer likely that the Defendant’s crime cannot be caused by such mental illness or the environmental fault of the Defendant.

In addition to these circumstances, the punishment shall be determined in consideration of the following factors, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, and all sentencing factors specified in the records and arguments.

The presiding judge, the Giman Judge

Judges Kim Gin-han

Judges Maximum-beh

1) To the extent that the identity of facts charged is recognized and there is no disadvantage to the defendant’s right of defense, some of the facts charged are revised and recognized.