2012Gohap217 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

○○ (68 - 1)

Residential racing studios

Reference place of registration racing studio

Yang Jin-Jon (prosecutions, public trials), and Park Jong-il (public trial)

Attorney Yu-won (Korean National Assembly Line)

July 30, 2012

A defendant shall be punished by imprisonment for three years.

Criminal facts

Criminal Power

On April 13, 2006, 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 (Larceny) at the ○○ District Court on February 5, 2008 and completed the execution of the sentence on June 23, 2009. On April 15, 2011, 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 (Larceny) at the ○ District Court on February 5, 2008, and completed the execution of the sentence on August 28, 201.

Criminal facts

On April 15, 2012, 2012: around 30, the Defendant confirmed that the gate and the gate were not locked at the house of ○○○○○○○○○○○○○○○○○○○○, Yangcheon-gu, Seoul, and that he did not commit an attempted crime, even though he was aware of the sound of the Defendant, who was the mother of the victim from the gate, and was able to capture and steal the objects to be stolen by routing into the house.

Accordingly, the defendant habitually attempted to steal the victim's goods and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. A written statement of ○○;

1. A written expert report on the scene of crime;

1. Photographss of the scene of the crime, the suspect's personal records, and his/her personal records reported;

1. Previous records: Criminal records and other inquiry reports and investigation reports (verification of attachment of judgment and date of release);

1. Habitualness of the judgment: The defendant has been sentenced several times to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the defendant has committed the same kind of crime again during the period of repeated crimes while committing the same crime; and in light of the fact that the Act on the Aggravated Punishment, etc. of Specific Crimes is similar to the Act on the Aggravated Punishment

1. Article applicable to criminal facts;

Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 342 and 330 of the Criminal Act.

1. Aggravation for repeated crimes;

The proviso of Article 35 and the proviso of Article 42 of the Criminal Act (Inasmuch as there is a criminal record of an attempted larceny at night)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

The reason for sentencing [the scope of punishment to be sentenced] shall be 3 to 25 years.

[Scope of Recommendation] The scope of punishment for larceny crime group, habitual and repeated crime, ordinary habitual and repeated crime theft (Type 1), three years to six years of imprisonment in the basic area (Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the upper and lower limit of the scope of punishment shall be increased by 1.5 times)

[Judgment of the court below] The crime of this case 3 years of imprisonment was committed by a defendant who invaded upon a victim's residence at night and attempted to steals things. The defendant committed several times before committing the crime of this case, even though he had been sentenced several times of punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the crime of attempted larceny at night, and even before committing the crime of this case, he committed the crime of habitual larceny in this case. The nature of the crime is very poor, and the risk of recidivism is high in light of social ties, and criminal power and other similar crimes, and drinking behavior. Thus, the defendant should be punished strictly.

However, in full view of all the circumstances, such as the Defendant’s confession of the instant crime and the fact that the instant crime was committed, and the damage was rarely caused to the attempted crime, and the developments and motive leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, and occupation, etc., the punishment as ordered shall be determined as conditions for sentencing specified in the pleadings of the instant case.

jury verdict and sentencing opinion

○ A verdict of guilty or not guilty: All five jurors guilty.

○ Opinions on sentencing: Three years for all jurors.

Judges Kim Yong-hoon

Judges Jeon Sung-sung

Judges Park Sung-nam