2017Gohap1170 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

So-young (prosecution) and Kim Jae-at (Trial)

Attorney B (Korean National Assembly)

December 22, 2017

A defendant shall be punished by imprisonment for three years.

Criminal History Office

【Criminal Power】

On June 2, 2004, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspension of execution due to special larceny, etc. in the Suwon District Court's Ansan Branch on August 18, 2004, one year of imprisonment with prison labor for larceny, etc. in the same court on January 12, 2007, six months in the same court on January 30, 2009, one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Incheon District Court's Deputy Branch on January 30, 209, one year of imprisonment with prison labor for night intrusion larceny at the Seoul Southern District Court on August 26, 2010, eight months in imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) at the same court on December 20, 2010, and one year and six months in Seoul Southern District Court on January 18, 2014.

【Criminal Facts】

1. On October 27, 2017, around 02:41, at the construction site of the studio building located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant laid off the victim D, who is the director at the construction site, and then intruded into the new building with a tent at which the entrance of the construction site was installed, and then cut off 600m of electric wires equivalent to 600,000 won at the market price installed for the distribution of the first floor using a cut machine, which was suffering from the total fire exhauster, and cut off it by loading it on hand.

On October 28, 2017, around 00:10 on October 28, 2017, the Defendant returned home to the construction site of the building, and intruded into the new building using a cre in which surveillance was neglected, and then opened the electric wires equivalent to 300,000 won at the market price installed in the building in his hand, and then stolen them by means of loading them on hand.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and habitually intruded on another person's structure management at night within three years after the execution of the sentence was completed, and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each statement of D and F;

1. An investigation report (verification of sunset time October 26, 2017);

1. Photographss of the scene of crime and CCTV extraction photographs;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the date of release from a correctional institution and attachment of the same criminal records and judgments), investigation reports (suspect A's criminal records and applicable provisions of Acts);

1. Habituality of judgment: Recognition of dampness in light of the fact that the instant crime was committed within the short period after release, and the records of each of the instant crimes as indicated in the judgment, the method and frequency of the crimes, and the fact that the same type of crime was committed several times systematically;

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 330 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 ends on October 14, 2017]

Reasons for sentencing

1. The scope of punishment by law;

Imprisonment with prison labor for not less than three years nor more than 50 years;

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

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

[Scope of Recommendation] Imprisonment of not less than two years but not more than four years (Basic Area)

3. Determination of sentence;

The following circumstances shall be taken into consideration, and the defendant's age, health, character and conduct, criminal record, family relation, family environment, the circumstances, motive, means and result of the instant crime, and the circumstances before and after the instant crime, etc. shall be determined by taking into consideration various factors of sentencing as ordered.

○ Unfavorable Circumstances: The Defendant has been released from the military court after having completed the term of punishment for the same crime, and the Defendant committed the instant crime again during the period of repeated crime. The Defendant has been already punished several times for the same crime. The Defendant has not been able to pay damages to the victims.

In light of the favorable circumstances: (a) the Defendant commits the instant crime from an investigative agency to this court; (b) is aware of all the instant criminal facts; and (c) is against his mistake. The frequency of the instant crime or the amount of damage is relatively large.

The presiding judge, judge and presiding judge;

Judges Man-ho

Judges Han Han-chul