2018Gohap629 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Plastic (prosecution) and after the end of a trial;

Attorney B (Korean National Assembly)

September 14, 2018

A defendant shall be punished by imprisonment for two years.

Criminal History Office

【Criminal Power】

On December 23, 2008, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Do) at the Seoul Central District Court. On March 21, 2013, the same court was sentenced to three years of imprisonment for the same crime. On June 16, 2016, the same court was sentenced to two years of imprisonment for the same crime, and on May 12, 2018, was sentenced to two years of imprisonment for the same crime, and the same criminal power is 11 times of imprisonment for the same crime.

【Criminal Facts】

1. On May 25, 2018, around 15:12, the Defendant: (a) took advantage of the gaps in which the victim C (n, 42 years of age) reported Handphones in the front line of the subway line, a subway station located near the Hancheon-ro, Dongdaemun-gu, Seoul, 472 New Station; and (b) took advantage of the gap in which the victim C (n, e.g., the victim’s possession of cash KRW 100,00,00,000, the market price of non-made clothing three points, and one charged with Handphones in the market price, and cut off from the new text station.

2. On May 31, 2018, the Defendant: (a) around 16:12, using the gap in which the victim D (n, 52 years of age) reported a Handphone on the front line of the subway prior to the subway line, which used the gap in which the victim D (n, 52 years of age) was able to take a cellphone on the front line; and (b) used the gap in which the victim was able to take a cellphone on the half line, the Defendant habitually stolen the goods by means of: (c) one, cash 20,00 won; (d) two copies of the victim’s market price, one credit card, three resident registration certificate, one bank, one bank security card, one bank security card, one bank security card, and 40,00 won; and (d) two clothings equivalent to the market price, one of the above cosmetics, and one of them was found to own, and (d) two or more times the Defendant was sentenced to habitual larceny; and (c) thereby, (d) thereby, (e) thereby, (e) was habitually stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Investigation report (specific victim's goods);

1. Previous convictions as indicated in the judgment below, immediately after the crime was committed: Criminal history records, etc., investigation reports (attached to judgments, etc.), and personal confinement status; Habituality as indicated in the judgment; 1. In light of the records of the crime, the number of crimes, and the frequency of crimes, etc., a theft habit is recognized;

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

1. Discretionary mitigation;

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

1. Reasons for sentencing: Imprisonment with prison labor for a year and six months to twenty-five years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] thief under the Specific Crimes Aggravated Punishment Act (Habitual thief)

【Special Convicted Person】

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

3. Determination of sentence;

The Defendant’s crime is committed with a bank located above the front line of other passengers in subway trains, and the nature and circumstances of the crime are heavy in light of the method and frequency of the crime. Furthermore, it is inevitable to sentence sentence for a considerable period of time on the following grounds: (a) the Defendant has a history of having been punished 11 times or more for the same kind of crime; (b) the Defendant has not completed the execution of the final sentence; and (c) once again commits the same water law.

However, there is no significant degree of damage caused by the crime of this case, and some damage was returned during the investigation process, and there are favorable circumstances such as recognition of his mistake and active cooperation in the investigation.

In addition, in consideration of various circumstances shown in the records and pleadings such as the age, character and conduct and environment of the defendant, relationship to victims, circumstances after the crime, etc., the punishment as ordered shall be determined within the scope of recommended sentencing guidelines.

The presiding judge and judges;

Judges Kim Young-ho

Judgment of the Prosecutor