2012Gohap365 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

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Heading City of Residence

Heading City of the original domicile

Kim Jong-hee (prosecution), Kim Jong-ho (Trial)

Attorneys Han-chul et al.

January 11, 2013

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

【Criminal Power】

On February 25, 2004, the Defendant was issued a summary order of KRW 700,000 as a fine for larceny at the Seoul Northern District Court. On August 11, 2004, the Seoul Central District Court was sentenced to six months of imprisonment with prison labor for larceny, etc. and one year of suspended execution. On December 8, 2004, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at night in the Chuncheon District Court's Gangnam Branch Branch, and was sentenced to eight months of imprisonment with prison labor at the Incheon District Court on March 22, 2007. On September 3, 2008, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Suwon District Court's Suwon Branch on August 26, 2010, and completed the sentence from the Daegu Correctional District Court on December 6, 2012.

【Criminal Facts】

In the state of weak ability or decision-making ability to discern things by drinking, the Defendant, around 05:00 on Nov. 10, 2012, 201, found that the victim chip ○○○ Dong** ○○○○○○○○○ 7th floor in the 201st century, chip, chip, chip, chip, chip, chip, ○○○○○○○ 7th floor, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip, chip chip, chip, chi

Accordingly, the defendant habitually stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the dedicated deposit;

1. Seizure records;

1. Photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (refinites including written judgments) and investigation reports (date of release from prosecution);

Confirmation)

1. Habituality of judgment: Sentence of punishment for each crime, method of frequency of crime, and the same kind of crime in the judgment;

It has not been long after completion of the execution of the sentence, and it has not been long again.

Considering the fact that the defendant committed the crime, it can be recognized that the defendant commits theft. The application of the law can be recognized.

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

Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act

Punishment Selection)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Mitigation of mental disorders;

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

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances, etc.):

Reasons for sentencing

【Determination of Punishment】 thief, Habitual thief, thief

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[The scope of the recommended area and the scope of the recommended sentence] mitigation area, imprisonment with prison labor for not less than one year and not less than six months but not more than three years

【General Exemplarys : In the event of minor damage, substantial damage has been recovered, mental or physical disability;

Seriously anti-competence

【Determination of Sentence】

The fact that the Defendant committed the instant crime under a manual similar to the previous criminal records is disadvantageous to the Defendant, since it has not been much long since the Defendant had been subject to criminal punishment several times due to the same type of larceny, and the execution of the final punishment has not been completed without dumping the habit of larceny.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case, the fact that the defendant seems to have committed the crime of this case in a state of mental disorder, the fact that the injured person does not want the punishment of the defendant, the degree of damage is minor and the damaged goods have been returned to the victim, etc.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., shall be considered and sentenced as the disposition.

Park Jong-sung (Presiding Judge)

V. V. M.D.

St. H. L.C.