(영문) 울산지방법원 2013.9.6.선고 2013고합45 판결

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Cases

Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

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글꼴

크기(pt)

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(영문) 울산지방법원 2013.9.6.선고 2013고합45 판결

특정범죄가중처벌등에관한법률위반(절도),일반건조물방화사기미수도로교통법위반(무면허운전)점유이탈물횡령

Cases

2013Gohap45 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), general

Fire prevention of buildings

2013Gohap69(combined) Fraudulents

2013Gohap78(Joint) Violation of the Road Traffic Act (Unlicensed Driving)

2013 Combined 106(combined) Embezzlements of stolens

Defendant

Prosecutor

Kim Yong-Jak, Jin Jin, Kim Jong-Jin, Norhein, Henop, Henop, Flue Park, Kim Jong-cho,

(Criminal) prosecution, Huhee(P)

Defense Counsel

Attorney B (Domestic)

Imposition of Judgment

September 6, 2013

Text

A defendant shall be punished by imprisonment for five years.

Seized evidence (No. 273 of the Ulsan District Prosecutors' Office No. 2013) shall be confiscated.

Reasons

Criminal facts

【Criminal Power】

On March 30, 2001, the Defendant was sentenced to a maximum of 1 year and 6 months and a short of 1 year in the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 14, 2003, the Defendant was sentenced to a punishment of 1 year and 6 months in the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On June 2, 2006, the Defendant was sentenced to a imprisonment of 5 years in the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On February 28, 201, the Defendant was sentenced to a punishment of 5 years

【Criminal Facts】

2013, 455

1. Violation of the Aggravated Punishment Act;

A. On August 24, 2012, at around 00:30, the Defendant: (a) committed money and valuables in front of the factory of the victim water gold development company located in Yangyang-si, Yangyang-si; (b) attempted to steals money and valuables; and (c) obstructed the building entrance of the relevant building; and (d) allowed several times to cut off and reject the relevant safe; and (c) stolen money and valuables in the aggregate amounting to KRW 500,000,000 and KRW 5,500,000,000,000 won cashier’s checks, which are owned by the victim company.

In addition, from that time until February 19, 2013, the Defendant stolen money and valuables equivalent to KRW 4,350,00 in total over 50 times, as described in Articles 1-8, 11-12, 14-16, 18-25, 28-30, 34, 39, 41-43, 45-46, 48-50, and 53-68 of the List of Offenses Act.

B. On October 5, 2012, at around 23:28, the Defendant was in front of the D shop located in Ulsan-gun, Ulsan-gun, Ulsan-gu, Ulsan-gun, and attempted to steal money and valuables by attaching the lock lock device of the entrance door to the livers, and by intrusion into the lives, and attempted to steals money and valuables. However, the Defendant did not have any money and valuables stored therein.

In addition, as described in Articles 9-10, 13, and 17, 26-27, 31-33, 35-38, 40, 44, 47, and 51-52 of the annexed List of Crimes from that time until February 7, 2013, the Defendant attempted to steals money and valuables over 18 times, but failed to achieve that purport.

As a result, the defendant habitually stolen another person's property over 50 times, and attempted to steals over 18 times, and did not commit an attempted crime.

2. To prevent general buildings and fire;

A. On August 24, 2012, at around 00:10, the Defendant entered the building of the Defendant’s water-saving Development Co., Ltd., the Defendant: (a) entered the building of the Defendant’s water-saving Development Co., Ltd., which was located in Gyeyang-si, Yangsan-si; (b) made it possible for the Defendant to attach fire to a single-use thrower; and (c) found a criminal tool, such as the rejection of the statement under paragraph (1); and (d) laid off a incombustible paper on the floor; and (e) caused the incombustible paper to spread to the entire building of 36.1m of the shipment area; and (e) thereby, the Defendant destroyed the Defendant’s fire that caused approximately KRW 8,636,00 of the cost of repairing the shipment and equipment, which

B. On August 24, 2012, 02:00, the Defendant stolen money and valuables from the second floor office of the office building of the victim water development corporation, as described in paragraph (1), and took them back to the entire building of 136.0 meters of the size of the fire by attaching fire to the clothes and documents located therein.

Accordingly, the Defendant destroyed the building of office building, office building, etc., which are owned by the victim company, to have approximately KRW 58,193,717 of the repair cost.

The defendant found a punishment installed by E in the residential place of the defendant's dwelling and thought that he neglected the management thereof, and had the defendant sold the above punishment in the past E, and had the criminal intent to acquire profits by fraud.

On August 7, 2012, the Defendant reported the victim G's writing that he had access to the bulletin board of the Ulsan-gun, Ulsan-gu, Ulsan-gu, Ulsan-do, by using smartphones in front of the building, and that he purchases the punishment, and called the victim as if the Defendant had the right to sell the punishment of the above E, and it cannot be said that the Defendant had the right to sell the punishment by installing 21 pactabbbbbs, which was used as a high blood pressure, and that he would sell the punishment of 1470,000 won per unit of punishment.

The Defendant, by deceiving the victim as such, intended to deposit KRW 1.47 million in the agricultural bank account under the name of the Defendant immediately after the victim took the above punishment. However, the Defendant attempted to bring the above punishment on August 17, 2012, while the victim attempted to bring the above punishment, it was an attempted wind to E.

2013Gohap78

On October 14, 2012, at around 21:30, the Defendant driven a COEX-2 vehicle at about 650 City/Do without a two-wheeled vehicle driver's license, from around 165 km to the front road of the 19 member's house located in the Do in Young-gun, Young-gu, Busan at the bottom of Busan.

On July 21, 2012, the Defendant embezzled one half of the net gold, which is owned by the victim H, in front of the hotel in which it is impossible to know the name of the Western-gun, Ulsan-si, Ulsan-si, the Defendant, at the top of the hotel, and without following necessary procedures such as returning it to the victim, even though he/she acquired one color string with precious metal equivalent to KRW 11,100,000 in total, such as one gold string, and one gold string, which is owned by the victim H, and one gold string, and one gold string, which is owned by the victim H.

Summary of Evidence

"2013, 45

1. Statement of the accused in the protocol of the first, second, third, five, six, and seven times;

1. Each police statement about I, J, K, L, or M;

1) Chapter 1: Y, P, Q, C, NA, W, Y, Z, AAB, AC, AE, AH, AI, AY, AV, AV, AV, AV, AV, AX, AV, AX, AX, BAY, BC, BB, BG, BH, BH, B, B, B, B, B, B, B, BO, BO, BO, BO, BO, and BO's statement on 1.0, each of the investigation records of the case (as for reporting, 30, 10, 10, 30, 10, 30, 10, 30, 19, 206, 30, 19, 30, 19, 36, 19, 37, 19, 201, 37, 19, 47, 19,201

1. Before judgment: Criminal records, investigation reports, and current status of personal identification and confinement;

1. 판시 상습성 : 피고인이 특정범죄가중처빌 등에 관한빕률위반(절도)죄 등 동종 범죄로 7회 처벌받은 전력이 있는데다가(그 중 소년보호처분 3회), 그 최종형의 집행을 종료한 후 그 누범기간 내에 다시 종전과 같은 수법으로 약 6개월의 상당한 기간 동안 68회에 걸쳐 이 사건 범행을 반복하여 저지른 점 등에 비추어 절도의 습벽이 인정된다.

“2013 Highest 694

1. Statement of the accused in the first protocol of trial;

1. The police statement of Q Q;

1. A written statement of BR, G and E;

1. The investigative report "to hear statements from victims";

1. Statement of the accused in the second protocol of trial;

1. The driver's license ledger and the brewing Council shall be 2013,1064;

1. Statement of the accused in the third protocol of trial;

1. Reports of internal investigation, detailed inquiry into the list of notification of damage, copies of records related to reports of occurrence, and investigation reports (specific for victims);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, 342 of the Criminal Act (the selection of limited imprisonment, including habitual larcenys, comprehensively) 16(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act (the crime prevention of general buildings), Articles 352 and 357(1) of the Criminal Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Article 360(1) of the Criminal Act (the crime of embezzlement of possession and the selection of imprisonment)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 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):

1. Confiscation;

1. Scope of sentencing under Article 48(1)1 of the Criminal Act: Imprisonment with prison labor for up to 3 years up to 25 years;

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

(a) Basic crime: Violation of the Aggravated Punishment, etc. of Specific Crimes;

[Determination of Punishment] Type 1 (general habitual thief and repeated thief) among thief and habitual thief

[Special Persons] Where a person repeatedly commits a crime using a specific method, instrument or organization

[Scope of Decision and Recommendations] Aggravation, 4 years and 6 years and 9 years of imprisonment (in cases falling under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the upper and lower limits of the scope of sentence shall be increased by 1/2, respectively)

(b) Concurrent crimes: each general building and fire prevention; and

[Determination of type] Fire prevention such as general buildings

[Special Person] The motive for committing a crime to be criticized

[Scope of Decision and Recommendations in the Recommendation Field] Aggravated Punishment, 2 years and 6 months to 5 years of imprisonment: Imprisonment from 4 years and 6 months to 13 months (in the upper limit of basic crimes, 1/2 years and 6 months of the upper limit of concurrent crimes, 1/3 of the year and 2 concurrent crimes)

3. Determination of sentence: Five years of imprisonment; and

Although the Defendant had been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant committed larceny repeatedly for about 68 months during the period of repeated crimes, and committed the thief for about 63 months, and did not reach an agreement with the victims, and did not recover any damage, and the Defendant committed the crime of this case in order to conceal his thief, and was against the truth by recognizing all of the crimes of this case. Considering that the Defendant began to commit the crime more than 1 year and 6 months after the release, the Defendant tried to maintain his livelihood by being employed in the workplace as the Defendant’s change in mind, but it appears to have been difficult for him to commit the crime of this case due to wage delay, social cooling, etc., taking into account the favorable circumstances, such as the Defendant’s age, character and behavior, environment, motive and motive for the crime of this case, and circumstances setting forth the sentencing conditions as stated in the records and arguments after the crime of this case.