2012Gohap1461 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

B. dilution (prosecution) and fingers (public trial)

Attorney B (Korean National Assembly)

March 14, 2014

A defendant shall be punished by imprisonment for three years.

Criminal History Office

【Criminal Power】

On March 17, 2004, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the same court on May 26, 2006, and one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and two years for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., in the same court on December 7, 2007, and in the same court on September 25, 2009, the Defendant completed the execution of the sentence on August 17, 201.

【Criminal Facts】

1. The defendant, among June 2012, 2012, HEMP (91,00 won at the market price), Head 1,00 won at the above-mentioned Seoul Underground, Head 1,00 won (47,00 won at the market price), Headi Java (47,000 won at the market price), IT Esents (97,000 won at the market price), Macling (28,000 won at the market price) at 00, KCORESISSF (5,00 won at the market price), 00, 00 won at the above-mentioned 20, 00, 000 won and 40,00,00 won and 20,00,00 won and 10,000,00 won and 20,000,00 won and 30,00,00 won and 2,07, respectively.

2. On June 12, 2012, the Defendant used a gap in around the J Burial located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, in which surveillance was neglected, and used the gap in the market price of the victim K, which is located in the above store display site, one set of Samsung Empt (NT530U3-A5HP) equivalent to KRW 1,50,000.

3. On November 13, 2013, at around 12:28, 2013, the Defendant concealed one set of Nowon-gu (NT530V-K55P) at the market price of the victim NN Co., Ltd. (NT530V-K55P), which is located in the first floor store in the NL store managed by M in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant habitually stolen another's property four times as above.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the accused in the first protocol of trial;

1. Each statement of 0, P, Q, R, K and M;

1. Each protocol of seizure;

1. Readings of criminal motion pictures;

1. Records before judgment: Criminal records, etc., inquiry reports by individuals, identification and confinement status, and investigation reports (Attachment to judgment);

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, the method and frequency of crimes, and the fact that the same kind of crime has been repeated several times;

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)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

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 punishment by sentence: Imprisonment for not less than three years but not more than 25 years;

2. Application of the sentencing criteria;

[Determination of Punishment] thief crime group, habitual and repeated crime, general habitual and repeated crime (Type 1)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 3 to 6 years of imprisonment (in the case of Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the upper and lower limit of the scope of sentence shall be increased by 1.5 times each, since it falls under Article 5-

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

The defendant has been punished several times for the same crime, and even though he/she is a repeated crime, he/she has repeatedly committed the theft crime, and it is inevitable to sentence the defendant as a sentence.

However, the punishment as ordered shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, etc., that the defendant has committed a mistake while making a confession of all the crimes, and that the damaged goods have been returned to the victims, etc., as well as all the sentencing factors specified in the arguments in this case

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

The presiding judge of the Supreme Court;

Judges Kim Gin-han

Judges in the order of precedence