200 Highest 5359 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

A, 1971 N, South and North

Residence

Reference domicile

Jinhos (prosecutions) and chins (public trial)

Attorney Cho Dong-dong (Korean)

March 19, 2021

Defendant shall be punished by imprisonment for a term of one year and two months.

Criminal History Office

【Criminal Records】

On October 14, 2010, the Defendant was sentenced to eight months of imprisonment for an attempted larceny at night at the Ulsan District Court, and on September 9, 2015, the Defendant was sentenced to three years of suspension of the execution of his/her imprisonment for night-time building intrusion and larceny at the Changwon District Court on September 17, 2015, and the said judgment became final and conclusive on September 17, 2015. On April 28, 2016, the Defendant was sentenced to one year of imprisonment for night-time building intrusion and larceny at the Ulsan District Court on April 28, 2016, and the said judgment became final and conclusive on April 28, 2016, and the sentence of the said suspension of execution becomes void, and on March 7, 2019, the said court was sentenced to eight months of imprisonment for larceny, etc. and completed the execution of the sentence at the Changwon District on November 4, 2019.

【Criminal Facts】

1. Crimes on or around December 1, 2020;

On December 1, 2020, at around 21:10, the Defendant released the entrance knife by putting the entrance knife in front of the back of Ulsan-gun, U.S., U.S. as one of the DFC managed by the Defendant, and intruded the store within the limit of the store by putting the entrance knife and repeating the knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife., and

The property amounting to KRW 70,800, total of 40,000, such as 1 strawl, 24,000, market price, was cut off by being loaded on the water reserve in advance.

2. Crimes on or around December 4, 2020;

On December 4, 2020, the Defendant: (a) destroyed the correction device by breaking the entrance knife and repeating scams at the same place as Paragraph (1) at the same time as Paragraph (1) of this Article; (b) infringed on the marb in a single set store; and (c) had been displayed at the display stand, one glutinous rice equivalent to KRW 49,000 in a market price of KRW 13,000 in a market price of KRW 13,00 in a blutinous rice (10 g), two glutinous mills equivalent to KRW 12,00 in a market price of KRW 12,00 in an amount of KRW 12,00 in an amount of KRW 2 disease in food, market price of KRW 26,00 in a market price of KRW 26,960 in an amount of KRW 16,90 in a single set; and (d) had prepared 16,006 property factoring in advance.

3. Crimes committed on December 7, 2020: 14:10

Around 14:10 on December 7, 2020, the Defendant, one of the following reasons: (a) 14:10 on December 7, 2020, was stolen by putting them in a brush with a strong amount of KRW 80,000, the market price of the victim DF, which was set up in order to build a cret which was neglected surveillance in front of the aftermaart CF.

4. Crimes committed on December 7, 2020:01

On December 7, 2020, the Defendant: (a) 23:01 on December 7, 2020, before the aftermast, 23:01, she was in front of the aftermast; (b) was pushed down with the entrance knife with a knife, repeatedly destroyed and damaged the knife with a knife with a knife; and (c) was displayed at the display stand, she then stolen the 71,280 won of the market price owned by the Defendant, 114,00 won of the market price; (d) 4 punishment of the knife with a knife amounting to KRW 114,00 of the market price; and (e) 24 taxes equivalent to KRW 5,960 of the market price; and (e) 16,800 of the knife or 240,040 won of the market price.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, nighttime larceny, and night building intrusion larceny, he again committed larceny, night building intrusion larceny, and special larceny during the period of repeated crime.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the "reasons for two-years" below), which are favorable to the accused, shall be considered.

Reasons for sentencing

1. Scope of applicable sentences under law: One year to twenty-five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

【Determination of Punishment】

thth thief under the Specific Crimes Aggravated Punishment Act (Type 1)

【Special Convicted Person】

【Recommendation Area and Scope of Recommendations】

Basic Area, 1 year and 6 months to 3 years;

【General Convicts】

Measures to mitigate damage: Minority, serious radius;

- Aggravations: Intrusion after damage, such as corrective devices;

[Grounds for Suspension of Execution]

- Major illegal grounds: Cumulative crimes, nighttime damage structures, etc.;

General pride: Minor damage, serious radius;

- General illegal grounds: A person who has been sentenced to suspension of execution at least twice, but lacks social ties;

3. Determination of sentence;

m. Unfavorable circumstances

It appears to be a planned crime, such as preparing and using each item for changing the direction of CCTV, and there are many persons who have been punished for the same crime, in addition to the previous record of the judgment.

4. favorable circumstances

It is not serious that damage has been suffered, a considerable number of damaged articles are expected to have been temporarily returned, and a crime is recognized and reflected, etc.

- Other circumstances, such as the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments, shall be determined as ordered by taking into account.

The number of judges