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

A

Park Jin-Jin-Jin-Jin (prosecutions) and Gangwon-gu (Public trial)

Attorney B (Korean National Assembly)

October 20, 2017

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal History Office

Criminal Records)

On February 13, 1986, the defendant was sentenced to imprisonment for a short term of eight months at the Seoul District Criminal Court for larceny; one year of imprisonment for the same crime at the same court on October 6, 1987; ten months at the same court on November 22, 1989; one year and six months of imprisonment for a special larceny; one year and six months at the same court on August 29, 1990; and one year and six months at the Seoul High Court on August 14, 1992; three years of imprisonment for the same crime at the Seoul District Criminal Court on September 13, 1994; two years of imprisonment for the same crime at the Seoul District Court on February 3, 1998; and six years of imprisonment for the same crime at the Seoul District Court on November 25, 2003 through the same court on June 6, 200; and six years and six months of imprisonment for the same crime at the same court on June 16, 2006; and one other crimes as the same prison.

【Criminal Facts】

On August 6, 2017, the defendant around 15:02, around the Seoul Jongno-gu Seoul Metropolitan Government Outdoor Display Complex, the victim E collected losses from the door room in front of the outdoor display room in which the victim Party E was put in the shoulder, and taken out the 150,000 won in cash, 150,000 won in cash, 2 passbooks in new bank, 1 passbook in post office, 1 copy in resident registration certificate, and 1 copy in resident registration certificate.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen another’s property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Each investigation report (including attached data);

1. Photographss of CCTV images and CCTV CDs by capturing each CCTV;

1. Previous records of judgment: Criminal records, etc., copies of each written judgment, investigation reports (criminal records, repeated crimes of suspects, copies of criminal records of the same kind, and current status of confinement);

1. Habituality of the judgment: A theft and dampness is recognized in light of the fact that the crime was committed in the judgment of the court and the fact that one year has passed after having been sentenced to several times of punishment for the same kind of crime, which resulted in the occurrence of the crime of this case again;

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

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. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to twenty-five years;

2. Application of the sentencing criteria;

[Scope of Recommendation] Reduction Area of Types 2 (Habitual Larceny) under the Specific Crimes Aggravated Punishment Act (1st and 6th to 3 years)

[Special Mitigation] Ad hoc Inspector

3. Determination of sentence;

In light of the fact that the Defendant had a record of having been sentenced to 11 times or punishment for the same crime, and that he/she again committed the larceny crime of this case in the same way as that of the previous one year and 2 months after completion of the execution of the final punishment, etc., the criminal liability of the Defendant is not weak.

However, considering the fact that the number of crimes was limited only once and the degree of damage is not large, the fact that the defendant agreed with the victim, etc. is favorable to the defendant, the punishment as ordered shall be determined by taking into account the circumstances shown in the records and arguments, such as the age, character and conduct, environment, family relationship, circumstances after the crime, etc.

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han