2017Gohap1276 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Park Jong-chul (prosecution), maximum case (public trial)

Attorney B (Korean National Assembly)

February 9, 2018

A defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

【Criminal Power】

On November 9, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Do) at the Seoul Central District Court, and on May 19, 2016, the Seoul Southern District Court sentenced two years of imprisonment for habitual larceny, etc. at the Seoul Southern District Court on May 19, 2016 and completed the execution of the sentence in the Gwangju Prison on August 8, 2017 and had the same record more than four times.

【Criminal Facts】

On October 11, 2017, the Defendant habitually stolen money and valuables worth KRW 8,356,400, totaling 12 times from victims, as shown in the annexed crime list from December 2, 2017 to December 2, 2017. Accordingly, the Defendant was sentenced two times or more by habitual larceny, etc., and subsequently stolen money and valuables of KRW 8,356,400 from victims within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of E, G, H, I, J, K, L, M, N,O, P, and Q;

1. Photographss of each CCTV, the details of settlement of accounts, and field photographs;

1. Each investigation report (on-site CCTV and suspect moving, hearing statements of victims, etc., related to the attachment of field photographs and suspect photographs), and internal investigation reports (on-site CCTV and CCTV analysis);

1. Previous convictions in judgment: Inquiry letters, personal confinement status, and written judgments;

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, etc.;

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 (Overall Control)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act: Reasons for sentencing; 1. The scope of applicable sentences by law: Imprisonment for 3 years to 50 years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] thief crime group, thief under the Specific Crimes Aggravated Punishment Act, and 2 types (Habitual thief)

【Special Convicted Person】

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

[Scope of the revised sentencing] Three to Four years of imprisonment (the lowest limit of the applicable sentencing in law is higher than the recommended sentencing)

3. The crime of this case by which the sentence of sentence is to be pronounced is that the principal or an employee has cash and a room in the PC room or clothes room, etc. with a cresh in which the principal or employee has a creshing room, and in light of the frequency of the crime and the degree of damage, etc., the nature of the crime and the degree of damage are heavy. The Defendant, even though he had been punished six times for the same crime, again committed the larceny at the time of two months after the release, and it is inevitable to punish the considerable period of time due to the lack of return of stolen goods or performance of damage.

However, there are favorable circumstances such as the discovery of the final crime and the arrest of the investigation agency, and the fact that part of the crime was revealed by himself.

In addition, in consideration of various circumstances shown in the records and pleadings such as the age, character and conduct and environment of the defendant, relationship to victims, circumstances after the crime, etc., the punishment as ordered shall be determined within the scope of recommended sentencing guidelines.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

A person shall be appointed.

A person shall be appointed.