2014No2162 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

(Habitual thief), habitual fraud

2014 early 758, 836 Application for a remedy order

A

Escopics

Pursuant to the Constitution of the Republic of Korea, the Ministry of Land, Infrastructure and Transport shall hold a public trial

Attorneys DY (Korean National Assembly)

1. C.

2. D;

1. B Q;

2. W;

Changwon District Court Decision 2014Ra216 decided September 12, 2014; and

2014 first 85, 86 Application for a compensation order

March 26, 2015

The part of the judgment below excluding the compensation order shall be reversed.

A defendant shall be punished by imprisonment for three years.

The Defendant paid KRW 800,000, respectively, to B Q and W, an application for compensation at the trial of the Party. Each of the above compensation orders may be provisionally executed.

1. Summary of grounds for appeal;

The defendant asserts that the punishment of the court below (three years of imprisonment) is too unreasonable.

2. Ex officio determination

In the trial of the court, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual thief", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act" as "Articles 332 and 329 of the Criminal Act", and since the court permitted the amendment, the judgment of the court below can no longer be maintained.

3. Conclusion

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the court below's judgment excluding the compensation order is reversed, and it is again decided as follows.

【Discretionary Judgment】

Criminal facts and summary of evidence

The summary of facts constituting an offense recognized by this Court and the evidence thereof shall be as stated in the corresponding column of the original judgment (Article 369 of the Criminal Procedure Act). Application of statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 332 and 329 of the Criminal Act (a inclusive of habitual larcenys), Articles 351, 347(1), and 352 of the Criminal Act (including habitual larcenys and attempted attempts), each choice of imprisonment

2. Aggravation for repeated crimes;

Article 35 of the Criminal Act

3. Aggravation for concurrent crimes; and

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

4. Compensation order.

The crime of this case, which is an applicant for compensation: (a) and (b) of Article 25(1), Article 31(1), Article 31(2), and Article 31(3) of the Act on Special Cases Concerning Promotion, etc. of Lawsuits (the application for compensation of B Q Q, which is the application for compensation, is within the scope of damage amount of habitual larceny, and the application for compensation of W, within the scope of the claim amount) on the grounds of sentencing, has the records of having been punished several times for the same type of crime, and the number of times sentenced to the sentence among them has reached four times; (b) again during the period of repeated crime, the sum of KRW 103,679,40 has been stolen over 15 times during the period of repeated crime; and (c) it is inevitable to sentence sentence against the defendant on the grounds that the crime of this case has many frequency of crimes due to such attempted crime, the amount of damage has been significantly damaged to many victims; and (c) no recovery from damage has been made.

Taking into account the favorable circumstances, such as the Defendant’s recognition of the crime of this case and the fact that there is a personality and behavior against the Defendant, the fact that there is a personality and body of the Defendant, and the fact that there is a family member to support the Defendant, etc., the Defendant’s age, character and character, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined as set forth in the text.

The presiding judge, judge and assistant judge;

Judges Song Jong-soo

Judges Kim Gin-soo