(영문) 서울북부지방법원 2020.5.8.선고 2020고합26 판결

On June 27, 200, the defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court; three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on September 3, 2002; three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on February 10, 2006; three years and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul East District Court on November 10, 2009; two years and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Western District Court on September 18, 2012; and the execution of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by a local court on April 13, 2017.

1. Around January 25, 2020: (a) Defendant violated the Act on the Punishment, etc. of Specific Crimes (thief) committed an attempted crime on the following occasions: (b) around 00, 202: (c) the victim A, the victim of Seongbuk-gu Seoul 2nd floor, the lower part of the ○○○○ Building operated by the Seongbuk-gu Seoul 2nd floor; (d) the 2nd floor window was opened without correction; and (e) the container roof was opened; and (e) the victim attempted to steals, such as cash, etc. by opening a fingernet and the shoulder, but did not discover the same. From that time until January 29, 2020, Defendant attempted to habitually steals, or attempted to steals, property worth KRW 418,000, total market value over five occasions in total, as indicated in the list of crimes committed.

2. Damage to property;

Defendant from January 27, 2020 to 22:16 on the same day, from January 27, 2021:21:57 to 22:16 on the same day, attached the above letter by inserting an operation tool in the shape of the virtual surgery into the crepane of the above crepane and the head room of Dongdaemun-gu Seoul.

As a result, the defendant damaged the 100,000 Won of the market price. The summary of the evidence

Omission

Application of Acts and Subordinate Statutes

1. Article 5-4 (6) of the Act on the Punishment, etc. of Specific Crimes under Article 5-4 (6) of the relevant Act on the Facts of crime, Articles 330 and 342 of the Criminal Act (referring to the occupation of larceny of habitual repeated crimes, inclusive) and Article 366 of the Criminal Act (the occupation of destroying and damaging property, and the selection of imprisonment);

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [Aggravated Punishment, etc. of Specific Crimes, which is any more severe punishment, concurrent crimes for the punishment prescribed for the violation of the Act on the Punishment, etc. of Specific Crimes]

1. Confiscation;

Article 48(1)1 of the Criminal Act

1. Grounds for sentencing: Imprisonment with prison labor for up to 50 years;

2. The scope of recommending sentences according to the sentencing standards.

(a) First crime (thief in violation of the Punishment, etc. of Specific Crimes Act);

[Determination of Type] thief thief thief thief thief thief thief thief thief thief thief thief

[Scope of Recommendations and Recommendations] Basic Area, Two years of imprisonment to four years of age

(b) Two crimes (Destruction of property);

【Determination of Type 1】 Destruction of Property, Destruction of Property, etc.

[No person who has any special sentencing factor]

[Scope of Recommendation and Recommendation Forms] Basic Field, 4 months of imprisonment or 10 months; Scope of Recommendation Forms in accordance with Multi-Level Criminal Handling Standards

Imprisonment between two years to four years (the upper limit of crimes 1 + the upper limit of crimes 1/2)

(d) Scope of the recommended type as corrected according to the sentences of the wife;

From three to four years of imprisonment (in cases where the lowest limit of the scope of sentence recommended by the sentencing guidelines is inconsistent with the lower limit of the applicable sentencing guidelines, it shall be based on the lower limit of the applicable sentencing range in law).

3. Determination of sentence: The sentence of imprisonment with prison labor for three years and the age, character and conduct, environment, family relationship, health status, motive of the crime and circumstances after the crime, etc. of this case, shall be determined by taking into account all the conditions of sentencing as shown in the records and arguments of this case, including the scope of the sentence of punishment to be recommended:

The favorable circumstances of ○○: The defendant committed the crime of this case again on 14th day after the release of the defendant, regardless of the fact that the total amount of damage was minor and partial damage was restored to the victim, and that the crime of this case was committed for the purpose of living even though there were several kinds of criminal records, and the crime of this case was stolen by intrusion on the hospital building during late night hours. In addition, in some cases, it is not good that the crime of this case was committed by damaging the property of the victim in order to achieve the purpose of the theft, damage was not recovered except for the damaged goods seized in the course of arrest, which was committed in the act of committing the crime of this case.