2017Gohap558 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Kim Young-ju (prosecutions) and public trial

Attorney B (Korean National Assembly)

July 5, 2017

A defendant shall be punished by imprisonment for three years.

Criminal History Office

【Criminal Power】

On February 6, 1990, the defendant sentenced 10 months to 10 months of the suspended sentence due to larceny, etc. at the Seoul District Court on July 18, 1995, to 10 months of imprisonment with prison labor at the Seoul District Court on June 3, 1997, to 8 months of imprisonment with prison labor at night and on June 16, 1998, to 2 years of imprisonment with prison labor at the Seoul East District Court on June 16, 1998, to 2 years of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on November 28, 200, 1 year and six months of imprisonment with prison labor at the Seoul Central District Court on November 28, 2003, to 3 years of imprisonment with prison labor at the Seoul Central District Court on August 24, 2007, and completed 3 years of imprisonment with prison labor at the Seoul District Court on June 26, 2007>

【Criminal Facts】

At around 14:45 to 15:10 on May 4, 2017, the Defendant discovered that the victim D’s house located in Gangnam-gu Seoul is opened around the house of the victim in Gangnam-gu, and entered the victim’s house and entered the victim’s house, with 3.40,00 won in cash owned by the victim D, 170 U.S. dollars, 10,000 won in the market price, 2 of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of the victim D, and 7 of of of of of of of of of of of of of of the market price.

Accordingly, the defendant, who was sentenced two or more times due to habitual larceny, etc., stolen another's property again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on occurrence of accidents, reports on internal accidents, and reports on investigation;

1. Protocols and photographs of each seizure;

1. On-site photographs and reports on the results of field identification;

1. Previous records in ruling: Inquiry reports and investigation reports (report on the binding of the ruling in the same kind of case);

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, method of crime, frequency of crime, and the fact that a person repeatedly commits the same kind of crime within the short period after release;

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 329 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Three years to fifty years; or

2. Application of the sentencing criteria;

[Scope of Recommendation] Basic Sphere of thth thth thief (Habitual thief) under the Specific Crimes Aggravated Punishment Act (two years of imprisonment to four years)

【Special Convicted Person】

[Scope of the revised sentencing] Three to Four years of imprisonment (the lowest limit of the range of sentence recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing guidelines, and the minimum limit of the applicable sentencing range is set by law).

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

It is so decided as per Disposition by comprehensively taking into account the following factors: (a) the Defendant has led to the confession of and reflect against the instant crime; (b) the Defendant has been punished several times for the same kind of crime; and (c) the Defendant has repeatedly committed the instant crime within three years after the completion of the execution of the final sentence; (d) the Defendant did not reach an agreement with the victim; and (e) the Defendant’s age, occupation, character and conduct, family relationship; (e) the background and consequence of the instant crime; and (e) all the sentencing conditions

The senior judge of the presiding judge;

Judges Shin Sung-sung

Judges Kim Gin-ho