2017Gohap107 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

He/she shall file a prosecution for his/her status, Kim Jung-il (Trial)

Attorney B (Korean National Assembly)

December 22, 2017

A defendant shall be punished by imprisonment for four years.

Criminal History Office

【Criminal Power】

On February 1, 1996, the defendant was sentenced to a suspended sentence of 10 months for an attempted larceny at night in the Seoul District Court, and 1 year for an imprisonment with prison labor for night room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room,

In addition, on March 4, 2003, the defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court, and on October 26, 2004, at the Seoul Central District Court, for two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on August 13, 2010, at the same court, for three years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 2, 2014, the defendant was sentenced to imprisonment for three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Daejeon Prison on March 6, 2017.

【Criminal Facts】

On February 22, 2017, around 09:34, the Defendant stolen the property amounting to KRW 17,119,000 in total 15 times from the above date to October 2, 2017, including the following: (a) in the store operated by the victim D in the first floor B B, the victim’s market value, which was the victim’s 600,000 won, which was the victim’s possession on the front floor; and (b) in the market value with one cash, 50,000 won, credit card, etc., the victim, which was the victim’s possession on the front part, was stolen; and (c) from the above date to October 2, 2017, the Defendant stolen the property amounting to KRW 17,119,000 in total.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written statement of F, G, H, I, D, J, K, L, M, N,O, P, Q, and R;

1. Report on internal investigation (the F counterpart of the victim's internal investigation and on-site CCTV image verification (the order No. 7), victim's CCTV verification (the order No. 42), on-site CCTV investigation (the order No. 52), on-site CCTV investigation (the order No. 57), on-site 57), each CCTV internal investigation (the order No. 63,75), investigation report (the order No. 10), on-site investigation (the order No. 19), on-site investigation (the order No. 19), on-site video verification (the order No. 20), on-site investigation (the order No. 20), on-site investigation into the suspect at the time of committing the crime, and on-site internal investigation into the victim's CCTV at the time of committing the crime (the order No. 31), on-site video images (the order No. 36), on-site video image data (the order No. 91), on-site investigation into the crime scene No. 96)

1. Previous convictions indicated in the judgment: Criminal history records, references (A), investigation reports (reports on confirmation of the status of confinement by individual), investigation reports (reports on the status of confinement by individual), and criminal investigation reports (reports on the attachment of

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 committed several times in a planned manner in the judgment;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act (Overall Control)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for not less than three years but not 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)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 2 years, 4 years

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

Although the Defendant had a large number of records of punishment for the same kind of crime, the instant crime using the same water method as the previous crime, which had been punished, is very bad. The Defendant again committed the instant crime at least 4 months since the completion of the execution of the sentence. The instant crime was committed 15 times during the short term, and the damage was not fully recovered even though the amount of damage was not significant. In light of this, the Defendant is strictly required to punish the Defendant according to his responsibility. However, the Defendant is recognized as all of the instant crimes, and the fact that the instant crime was committed for living is favorable.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime of this case, circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the order.

presiding judge, judges, vibration

Judges Lee Jae-py

Power of Judge

A person shall be appointed.