(영문) 서울중앙지방법원 2017.9.21. 선고 2017고합846 판결

On June 29, 2009, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Seoul Southern District Court. On August 22, 2012, the same court was sentenced to one year and six months of imprisonment for the same crime. On September 26, 2014, the Defendant was sentenced to three years of imprisonment for the same crime in the same court on September 26, 2014, and completed the execution of the sentence in the Seongbuk Detention House on July 28, 2017.

【Criminal Facts】

On August 6, 2017, at around 02:15, the Defendant: (a) opened a door door at the victim D’s residence in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City and the first floor and intrudeed to the inner bank; (b) taken out KRW 500,00 in cash from the victim’s home to the victim’s home; and (c) attempted to steal or steal the victim’s goods worth KRW 2134,00,000 in total on five occasions, such as the list of crimes, from August 4, 2017 to August 8, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, and G;

1. Each investigation report (Evidence list 4, 5, 11);

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Investigation report (Evidence List 19);

1. Habitualness of the judgment: Recognition of a theft habit in light of various circumstances, such as the record of the crime in the judgment, the method of commission of the crime, and the interval between the crime committed before;

Application of Statutes

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

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 330 and 342 of the Criminal Act (Overall Control)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act [Attachment to the Act on the Aggravated Punishment, etc. of Specific Crimes, which has been decided on July 28, 2017]

1. Discretionary mitigation;

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

Reasons for sentencing

1.The scope of applicable sentences under law: Imprisonment of one year and six months to twenty-five years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] thief crime, thief under the Specific Crimes Aggravated Punishment Act, and 2 types (Habitual thief)

【Special Convicted Person】

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

3. Determination of sentence;

In light of the fact that the defendant committed the instant crime again within a short period after the execution of the sentence was completed, even though he had been already punished several times for the same crime, and that he did not agree with any of the victims, the defendant shall be punished for the corresponding error.

However, considering the fact that the defendant is deemed to have led to the confession and reflect of all the crimes of this case, the fact that some of the damaged articles have been seized and temporarily returned, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, family environment, motive for the crime and circumstances before and after the crime, the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.