Whether repeated crime should be aggravated in cases falling under Article 5-5 (Aggravated Punishment of Offenders of Robbery, Injury, etc.)

Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which provides for special provisions concerning repeated crime, unlike Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, in cases where a person who was sentenced to imprisonment for the crime of robbery and injury and again commits the same crime within three years after the execution of the sentence is completed, as the aggravated requirement of repeated crime itself is stipulated as the aggravated punishment requirement, such as robbery and injury

Article 35 of the Criminal Act, Article 5-5 of the Aggravated Punishment Act

Supreme Court Decision 82Do1865, 92Ga383 decided Oct. 12, 1982 (Article 312(49) of the Criminal Procedure Act, Article 312(49) of the Criminal Procedure Act, Article 30No157No 694 decided Nov. 120)

Defendant

A defendant shall be punished by imprisonment for five years.

One hundred and fifteen days out of the detention days prior to the rendering of a judgment shall be included in the above sentence.

A seizure after seizure (No. 2) shall be confiscated.

A requester for protective custody shall be punished by ten years.

The defendant and the respondent for the escape (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for night intrusion larceny in Busan District Court on August 27, 1964; 10 months; 10 months; 2.2.14. Busan District Court's imprisonment with prison labor for larceny; 10 months; 2.4 December 1969; 7 years; 3 years in Busan District Court's imprisonment with prison labor for robbery and injury by robbery at the Busan District Court on December 4, 1969; and 16 years in total with prison labor for each final sentence sentenced to imprisonment with prison labor for robbery at Busan District Court on June 28, 1985; and 3 years and 16 years and8 months in total with prison labor for the defendant's escape from prison to the left-hand side of the victim's knives (hereinafter referred to as the "victim's escape from prison"); and 10 years and 3 years of imprisonment with prison labor for escape on May 20, 1986.

The remainder of the facts stated in the judgment, except for the first head's previous conviction, shall not be

1. Statement made by the defendant in compliance with this Act in this court;

1. The prosecutor's interrogation protocol of the defendant and the statement of the non-indicted 3, each of which corresponds to this.

1. Each statement made by Nonindicted 1, 2, and 3 in the preparation of a judicial police assistant, which is consistent with this;

1. A statement consistent with the practical survey report prepared by the assistant judicial police officer;

1. Content of the diagnosis consistent with the part and degree of the injury as indicated in the judgment among the diagnosis reports on Nonindicted 3 prepared by the doctor Nonindicted 4

1.In full view of each existing space, etc. of the seized knife No. 1 (No. 1) and the Mash 1 (No. 2)

The first head's prior conviction can be recognized by the emergency inquiry report to the defendant of the police preparation, the copy of the decision prepared by the Prosecutor's Office in Busan District Prosecutor's Office, the copy of the decision prepared by the Busan District Prosecutor's Office in Busan District Prosecutor's Office, the copy of each decision prepared by the Head's Office in Busan District Archive, and each statement consistent with the Ordinance. Therefore, all the facts of the decision

The so-called "the judgment of the defendant" falls under Articles 5-5 and 337 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 337 of the Criminal Act. Since the defendant selects a limited term of punishment in depth and there are reasons to take into account the circumstances such as the thief's attempted punishment, the defendant shall be punished by imprisonment for not less than five years within the scope of the term of punishment reduced under Articles 53 and 55 (1) 3 of the Criminal Act. In accordance with Article 57 of the same Act, 115 days from the number of detention before the pronouncement of sentence shall be included in the above punishment, and one after seizure (Article 48 (1) 2) shall be included in the articles provided for the crime in this case and owned by a person other than the criminal, it shall be forfeited from the defendant pursuant to Article 48 (1) 1 of the same Act. According to the above recognized facts, the defendant has been punished by imprisonment for the same or a similar crime in this case and has completed the final sentence for not less than five years after the execution thereof.

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

Judges Choi Dong-dong(Presiding Judge)