2017Gohap17 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Preamble (prosecutions) and Kim Jong-mick (Trial)

Attorney B (Korean National Assembly)

July 6, 2017

A defendant shall be punished by imprisonment for three years.

Criminal History Office

【Criminal Power】

On April 17, 2009, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court. On December 14, 2012, the Seoul Central District Court sentenced the Defendant to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on August 26, 2016, and was sentenced to four times of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and six times of punishment for larceny.

【Criminal Facts】

1. On December 1, 2016, from around 12:00 to around 12:10, the Defendant: (a) stolen another person’s things; (b) entered the office of the Dobrogy Fire Co., Ltd. office of the fifth floor of the Dobroged building located in 5:37 degrees of 5:0,00,000 won in cash from the Handbag that the victim D left on his/her own initiative; and (c) cut off the handbags of the 1.50,000 won in cash from the Handbag that he/she left on his/her will; and (d) cut off the handbags owned by the victim

2. On December 19, 2016, the Defendant: (a) stolen another person’s things; (b) entered the first floor E room of the National Medical Center located in Jung-gu Seoul Central Medical Center in 245, Jung-gu, Seoul; and (c) stolen a wall owned by a victim with a new card, one lot card, one lot card, and KRW 450,000,000, which were placed on his/her will by using a cresh in the victim F.

3. On January 17, 2017, the Defendant: (a) stolen another person’s things; (b) entered the five-story nurse office of the H Hospital located in Dongdaemun-gu Seoul Metropolitan Government (Seoul Dongdaemun-gu); (c) stolen KRW 2.50,00 in cash from the speed of the victim’s custody of the things; and (d) cut down 2.50,00 won in cash from the bank where the victim’sJ continuously took things.

4. On January 26, 2017, the Defendant: (a) stolen another person’s things; (b) entered the office of Liquefied Building 612 in Jung-gu Seoul, Jung-gu, Seoul; and (c) cut off KRW 300,000 in cash at a household left by the victim M on his/her book; and (d) stolen them.

5. On February 5, 2017, at around 22:30, the Defendant: (a) stolen another person’s things; (b) entered into clothes with a trade name of Nab26’0, Jung-gu, Seoul, NA Nab26’s 0,00; and (c) used a creb in which the victim P used the creb in which the victim P was set up on the wall, thereby thefting one room with a view to 100,000 won at the market price set up on the wall.

6. On February 6, 2017, at around 00:30, the Defendant: (a) stolen another person’s things; (b) entered the clothes of the second floor QR market in Jung-gu Seoul, Jung-gu, QR; and (c) stolen the victim’s land by taking advantage of the gap in the victim’s land, one cut-down macker, the market price of which is equivalent to one million won.

7. On February 6, 2017, the Defendant: (a) stolen another person’s articles; (b) entered the second floor of “Korea Science and Technology Center, 7-ro 22, Gangnam-gu Seoul, Gangnam-gu, Seoul, Seoul, with a cash expense of KRW 276,400 managed by U.S. victims, using any cres without people.

8. On February 10, 2017, the Defendant: (a) stolen another person’s things around 08:00; (b) entered the Seoul Jongno-gu V market B Dong 5051-1-W store; and (c) stolen the victim’s cash 200,000 won, identification cards, etc., which were owned by the victim under his/her supervision, using the gap in the victim X.

9. On February 11, 2017, at around 13:08, the Defendant: (a) stolen another person’s things; (b) entered a store 135 of the third floor of the Y building in Jung-gu Seoul, Jung-gu; and (c) stolen the victim’s bank passbook and KRW 300,000 in cash by taking advantage of the gap in the victim’s territory.

Accordingly, the defendant was sentenced to punishment twice or more for larceny, and habitually stolen another's property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement prepared by the F, I, J. M, P, S, U, X, and Z;

1. Each report on the occurrence of each crime, each internal investigation report (i.e., perusal of CCTV images at the site, field inspection, data on the video recording of field CCTV, personal information of persons suspected of being suspected, CCTV verification), and each investigation report (i.e., verification of CCTV at the victim S counterpart and on-site CCTV, search and investigation into CCTV around the Q market, and time limit for CCTV image, investigation into CCTV at the scene of occurrence, hearing of victim's telephone statement, telephone communications at the scene of occurrence, and

1. A photograph by attaching on-site CCTV images CDs, one CD-1, CD-1, CCTV photographs on the surface of a crime, or by capturing CCTVs;

1. Previous records of judgment: Criminal records, correspondence records, current status of personal confinement, four copies of judgment, and three copies of judgment;

1. Habitualness of the judgment: Recognition of a theftproof crime in light of the following: The commission of the crime in this case committed several times, even though the execution of the punishment was completed by each of the crimes, the method and frequency of the crimes, and the same criminal records;

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. Scope of punishment by law: Imprisonment with prison labor for not less than three years but not more than 50 years;

2. Scope of recommended sentences according to the application of the sentencing criteria: Imprisonment with prison labor for not less than three years but not more than four years;

【Scope of Recommendation】

Type 2 (Habitual Larceny) Basic Area (2 to 4 years) of the thief under the Specific Crimes Aggravated Punishment Act

[Scope of balancing comparison between applicable sentences and recommended types]

Imprisonment for not less than three years but not more than four years;

3. Determination of sentence: Three years of imprisonment;

The defendant reflects his mistake in light of the circumstances that are favorable to the defendant, but the defendant did not abandon the habit of the larceny even though he had been sentenced 12 times or more due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the punishment for larceny, and committed the larceny of this case over 10 times in the same way during the period of repeated crime. The total amount of damage is not less than KRW 3350,000,000, and the victims expressed their desire to punish all victims because they did not recover damage to the victims.

Other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong