2014Gohap131 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

MaManman (prosecutions) and a trial on the present hand.

Attorney B (Korean National Assembly)

November 13, 2014

A defendant shall be punished by imprisonment for four years.

Criminal facts

【Criminal Power】

On October 4, 1995, the Defendant received juvenile protective disposition from the same court on February 22, 1996 by the same court as the special larceny. On September 5, 200, the same court sentenced 2 years of suspended execution to 8 months of imprisonment with prison labor for larceny, 2 years of suspended execution to 8 months of imprisonment with prison labor for special larceny at the Busan District Court on December 18, 2002, 1 year and 6 months of imprisonment with prison labor for 1 year and 6 months in the Jeju District Court on March 25, 2003, 206, 1 year and 6 months of imprisonment with prison labor for the same crime in the same court on March 16, 207, 100,00 won as the fine for intrusion at the Gwangju District Court on December 12, 200, 201 to 10 years of imprisonment with prison labor for each of Jeju High Court on December 16, 2016.

【Criminal Facts】

1. At around 11:00 on June 12, 2014, the Defendant: (a) opened a back door to the victim D’s house located in Jeju-si; and (b) took a theft of one half of KRW 450,000, the market price of the victim’s ownership located in the UE, which was one of the victim’s house located in the UE, from around 11:00.

2. At around 10:00 on June 15, 2014, the Defendant opened a warehouse entrance that was not set up on the second floor of the warehouse located adjacent to the victim F’s house building located in Jeju-si, and brought a theft of 1,10,000 won of the market price of the victim’s ownership, which was located in the front phase. Accordingly, the Defendant stolen the victims’ property twice habitually.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in F and D;

1. Each report on investigation;

1. Photographs of the purchase account book, photographs of the category of the suspect at the scene of the crime, and photographs;

1. For each previous offense: An inquiry report, an investigation report (the confirmation of the date of release of a suspect and a copy of the same criminal record and a copy of the same written judgment), the status of personal confinement, and a copy of each written judgment;

1. Habituality of the judgment: The recognition of dampness in light of the records of each crime, method of crime, frequency of crimes, repeated crimes of the same kind, and repeated crimes of the same kind within the short term after release;

Application of Statutes

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, Article 329 of the Criminal Act (Overallly, Selection of Imprisonment)

2. Aggravation for repeated crimes;

Articles 35 and the proviso to Article 42 of the Criminal Act [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced on July 20, 20

3. Discretionary mitigation;

1. The scope of applicable sentences by law: Imprisonment with prison labor for 3 years to 25 years;

2. Application of the sentencing criteria;

[Scope of Recommendation] Basic Area of Habitual Larceny (General Habitual Habitual Larceny) No. 1 (Concurrent Habitual Larceny) ( Imprisonment with labor and six years)

* descriptive criteria: Violation of the Aggravated Punishment, etc. of Specific Crimes (Larceny)

【Special Convicted Person】

3. Determination of sentence: Four years of imprisonment; and

○ Unfavorable Circumstances: The gravity of the serious crime, such as repeating a crime within a short time after the execution of the sentence due to the previous criminal records, and the victims’ damage recovery;

○ favorable normal conditions: Serious reflect

The presiding judge, Gimyang-ho

Judge Shin Dong-chul

Judges Complaints