(영문) 서울중앙지방법원 2019.5.9. 선고 2019고합119 판결

On January 23, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on July 17, 2015, and completed the execution of the sentence, and on January 5, 2017, the said court was sentenced to one year and six months of imprisonment for habitual larceny in the same court on January 5, 2017, and on January 28, 2016, the Defendant was sentenced to one year and two months of imprisonment for habitual larceny in the same court on January 28, 2016, and was sentenced to one year and two months of imprisonment for the said punishment on January 8, 2017, and the same

【Criminal Facts】

While the Defendant lacks the ability to discern things or make decisions due to the increase in the military register, which is due to the decline in shocking shocking capacity, the Defendant carried out the following methods: (a) on January 14, 2019, 17: (b) in the “F managed by the victim E in the victim E located in the Category C department D department department D department store located in Gangnam-gu Seoul on June 16, 2018; (c) using the gaps in which the employee’s surveillance was neglected; (d) brought about 3,500,000 won in the display stand; and (e) from that time, until January 14, 2019, the Defendant carried out 40,16,000 won in total over 17 times in total, as described in the attached list of crimes.

As a result, the defendant was sentenced to punishment twice or more habitually due to habitual larceny, etc., and again stolen the victims' property within three years after the completion or exemption of the execution.

A summary of the steam

1. Defendant's legal statement;

1. Each statement of E, G, H, I, J, K, L, M, N,O, P, Q, R and S;

1. Each protocol of seizure and the list of seizure;

1. Each report on the occurrence of internal accidents, reports on internal accidents (a CCTV analysis at the scene of crimes), and reports on internal accidents (the confirmation of CCTV at the scene of crimes, capture of CCTV at the scene, and reporting on internal accidents (related to the verification of On-SiteCCTV image);

1. One CD, each CD, such as photograph of each crime, CCTV analysis on the scene of a crime, photograph of each damaged product, CCTV-cape photograph, and one copy of the CCTV image verification on December 18, 2018;

1. A medical certificate;

1. Previous records: Each reference to criminal records, current status of acceptance by each individual, and a copy of each judgment;

1. Habituality of judgment: Recognition of dampness in light of the records of each crime in the judgment, the method and frequency of crimes, and the fact that a person recommits the same kind of crime within the short time after release;

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 (as there is a criminal record of habitual larceny in the judgment that completed the execution of punishment on January 8, 2017)

1. Mitigation of mental disorders;

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

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

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

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

【Specially Exemplarys / Mitigations : A mentally ill-incompetent (no one shall be responsible in person)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of one year and six months to three years

3. Determination of sentence: Two years of imprisonment;

In addition, the Defendant committed the instant crime, even though having had a record of punishment several times due to the same crime, and the execution of the final sentence has not yet been completed, and even thereafter, the Defendant committed the instant crime. The Defendant, despite being aware of the fact that there was symptoms of the military register, neglected to endeavor to prevent the crime. Considering such circumstances and the details, methods, frequency, amount of damage, etc. of the crime and the Defendant’s criminal act, it is inevitable

However, the facts that the defendant recognized all of the crimes of this case, damage items were returned temporarily to the victims that do not have substantial damage due to the crime of this case, and the defendant committed the crime of this case under the circumstance that the defendant lacks the ability to discern things or make decisions due to the increase of wall wall, which is the military register. Considering the favorable circumstances, the defendant's age, character and behavior, environment, motive, means and method of the crime, and circumstances after the crime, various sentencing conditions as shown in the arguments of this case shall be determined as ordered.