(영문) 서울중앙지방법원 2019.5.31. 선고 2019고합289 판결

On January 29, 2004, the Defendant was sentenced to two years and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court's Branch, and on April 12, 2007, the Incheon District Court was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On July 24, 2015, the Defendant was sentenced to one year and ten months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On December 23, 2016, the Seoul Central District Court sentenced on one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, from Seoul High Court on December 23, 2016, and completed the execution

【Criminal Facts】

On March 17, 2019, the Defendant: (a) at the electric train No. 106 of the Incheon Mine Round, the passengers accessed the victim B, who was suffering from booming booming by booming the booming; (b) opened a booming booming to the victim’s hand; and (c) cut off 150,000 won in cash owned by the victim, and one undeveloped in the market value, from that time until April 1, 2019, the Defendant stolen money and valuables equivalent to KRW 2,517,00 in total on six occasions, as shown in the list of crimes, from that time, from April 1, 201.

As a result, the defendant was sentenced to punishment twice or more for larceny, and habitually stolen the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. A written statement of B, F, and G;

1. Records of seizure and the list of seizure;

1. Each investigation report (not later than a field image, specific case of suspect transportation cards), and initial investigation report;

1. Each internal investigation report (CCTV verification case, suspect mobile route verification case, specific suspect, and CCTV verification case);

1. Gaograph photographs of the suspect, closure photographs of the suspect, and specific photograph;

1. Previous convictions: Inquiry into criminal and investigation records, investigation reports (verification of the same kind and repeated crime records), and each judgment;

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, the frequency of crimes, the number of crimes, and the same kind of crimes under the judgment;

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 Article 329 of the Criminal Act (Overall Control)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Reduction of a small amount;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

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

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

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 2 years to 4 years of imprisonment

3. Determination of sentence: Determination of sentence shall be made by taking into account the following two years of imprisonment, and taking into account various factors of sentencing as shown in the arguments in this case, including the age, character and conduct, the process of growth, the environment, the motive, means and consequence of the crime, and the circumstances after the crime, and the scope of recommended sentence under the sentencing criteria, as shown in the order

○ Unfavorable Conditions

On December 9, 2016, the Defendant was sentenced to imprisonment with prison labor and one year and six months for the same thief crime, and completed the execution of the sentence, and committed the instant crime during the period of repeated crime. Five victims are punished by the Defendant, and the Defendant was not able to recover from damage.

○ favorable circumstances

The Defendant recognized both the instant crime and reflects. The Defendant appears to have caused the instant crime in a economically difficult situation while engaging in daily labor. The Defendant did not want to be punished by the said victim under an agreement with the victim B. The wallets and money stolen from the victim C was temporarily returned to the victim.