2014 Highest 2186 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A, Non-Service

Park Sang-soo (Lawsuits) and Kim Jong-ro (Trial)

Attorney-at-Law (National Assembly Line)

August 29, 2014

A defendant shall be punished by imprisonment for a term of four years.

Criminal History Office

The Defendant was sentenced to one year of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the Ulsan District Court on February 2, 2005, and on July 9, 2009, by the Ulsan District Court on July 2, 2009, the Defendant was punished by imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Crimes

On August 12, 2011, the paroled on August 17, 2011, and the paroled on September 17, 201, in the Ulsan detention center, was sentenced for two years and six months, and the same thief was added twice more.

On November 21, 2012, between 00:0 to 04:0, the Defendant: (a) laid off the outer wall gas pipeline installed in Ulsan-gu, Ulsan-gu; and (b) opened and intruded into a bendro window that does not correct under 302, where the victim yellow ○○ resides, and (c) went through a joint opening of a bendro window with cash of 50,000 won at the victim’s home located in the living room; and (d) attempted to steals or steals the victim’s property by the same method 50 times in total, as written in the list of crimes, from July 8, 2014 to July 8, 2014.

Accordingly, the Defendant habitually stolen or attempted to steals the victims’ property. Summary of evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on investigation (Attachment of field photographs);

1. Reports on internal investigation (investigation into the price of damaged goods);

1. A report on the results of field identification;

1. Previous convictions: Criminal records and investigation reports (reports attached to judgments and reports on confirmation of repeated crimes);

1. Habitualness of the judgment: Criminal records, criminal investigation reports (report attached to the judgment and report on confirmation of repeated crimes), and criminal investigation reports;

Each crime history, method of commission of crime, frequency of crime, and the same kind of crime are repeated on a planned basis.

Recognition of damp Walls in light of the above

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

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

Determination of penalty.

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

Reasons for both punishment

1. Scope of the recommended sentence according to the sentencing criteria;

[Determination of Type] 1 Habitual and Habitual thiefth thief (general habitual and repeated thief)

[Special Aggravationd ] Aggravationd : Where committing a crime repeatedly using a special number of methods

[Scope of Recommendation and Punishment] Imprisonment from 3 years to 6 years (aggravating area)

2. Determination of sentence;

Defendant has committed another crime during the period of repeated crimes of the same kind, and has recovered from damage.

In consideration of the fact that the sentence has not been completed at all, the sentence shall be determined as ordered.

Judges Lee Jae-in