2017Gohap443 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Consolidated (prosecution) and Kim Heavy (Trial)

Attorney B (Korean National Assembly)

June 15, 2017

A defendant shall be punished by imprisonment for one year.

Criminal facts

【Criminal Power】

The Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on April 12, 2001; two years from imprisonment with prison labor for the same crime at the same court on March 25, 2003; on June 1, 2005, at the same court on June 1, 2005, one year and six months from imprisonment with prison labor for the same crime at the Seoul Central District Court on June 29, 2010; on April 3, 2012, one year and six months from imprisonment with prison labor for the same crime at the same court on September 27, 2013; and on May 21, 2015, the Defendant was sentenced to imprisonment with prison labor for a total of two years from the Seoul Southern District Court on April 13, 2017, and one year and six months from the same court on September 27, 2013.

【Criminal Facts】

The defendant, while having weak ability to discern things or make decisions due to the shock disorder caused by the shock disorder of the symptoms of military register, was put in the shopping bags that had been displayed in the display stand by using the gaps in the ‘F of the victim E operation of the D 3rd floor located in Jung-gu Seoul Special Metropolitan City(Seoul), around April 15, 2017, and around 18:05, the victim's market price being displayed in the display stand was 598,000 won.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (employee of a damaged store);

1. Copy of the result of a mental appraisal;

1. Reports on internal investigation and investigation reports (list of evidence 10);

1. Scell photographs of CCTV images;

1. Records before judgment: Criminal records, etc. inquiry reports and investigation reports (Evidence List 9);

1. Habitualness of the judgment: Recognition of a theft habit in light of various circumstances, such as the criminal records in the judgment, the method of crime, the interval between time and the crime committed before;

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 (No. 13, 2017) (No. 13, 2017)

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for a period of nine months to twelve years; and

2. Scope of recommendations according to the sentencing criteria;

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

【Specially Convicted Person】 A mentally ill-minded person (no one shall be responsible), and a person not subject to punishment

[Scope of Recommendation] Imprisonment of 1 year and 2 months to 4 years and 6 months (Special Mitigation Area)

* Inasmuch as Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes falls under Article 5-5(6), the upper limit and lower limit of the scope of sentence

3. Determination of sentence;

Considering the fact that the Defendant committed the instant crime again within a short period after the execution of the sentence was completed, even though he had been already punished several times for the same crime, the Defendant shall be subject to a strict punishment corresponding to the mistake.

However, the fact that the defendant confessions all of the crimes of this case and reflects the amount of damage to the crime of this case, the victim does not want the punishment of the defendant as agreed with the victim, the defendant committed the crime of this case in a state of mental and physical disability due to the increase in the wall of military register, and the defendant's erroneous contact with the defendant after this case is likely to prevent recidivism by separately using the defendant, and the defendant's age, family environment, motive for the crime, and circumstances before and after the crime of this case, etc., are considered, and the defendant's age, family environment, motive for the crime of this case, and all of the sentencing factors specified in the arguments of this case shall be determined as the sentencing guidelines, such as the order.

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

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young