(영문) 서울중앙지방법원 2014.5.22. 선고 2014고합338 판결

On February 18, 1997, the Defendant was sentenced to two years of imprisonment with prison labor for larceny in the Seoul District Court Branch of the Seoul District Court for ten months. On November 30, 1999, the Seoul District Court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on January 28, 2003, the said court sentenced one year and six months of imprisonment with prison labor for a special larceny, etc.; on November 17, 2004, the Seoul Northern District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court for the same crime; on March 9, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime at the same court on October 15, 2009; on August 15, 201, the execution of the sentence was terminated; on December 13, 2012>

1. On February 21, 2014, the Defendant, around 23:30 on February 21, 2014, entered the subway line 4 lines in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) accessed the victim, who was under the influence of alcohol and neglected due care due to the victim C being under the influence of alcohol; and (b) cut off one cell phone G2 cell phone at the market price equivalent to KRW 900,00,000, which is the victim’s own possession that the victim was spawn on his/her hand.

2. On March 3, 2014, at around 23:56, the Defendant: (a) accessed the victim D and the victim E, who are expected to be under the influence of alcohol, and thereby neglected to exercise due diligence; (b) deducted one cellular phone 3, galle-si, Samsung Galle-si, at the market price of the D owned in the D’s bank; and (c) stolen Samsung Galle-si, the market price of which is equivalent to KRW 8,50,000,000, KRW 4,000,000,000,000,000 won, which is the market price of the E owned by E, and stolen the Samsung Galle-si, which was 1,00,000 won.

3. On March 8, 2014, at around 00:16, the Defendant: (a) accessed the gap in which the victim F is under the influence of alcohol and is under the influence of alcohol to other victims; (b) cut off one wall containing two credit cards, one cash card, one resident registration certificate, one driver’s license, cash 67,000 won, which the victim was under the custody of the back part of the lower part of the train.

Accordingly, the defendant habitually stolen another's property four times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, E, F, and D;

1. Investigation report (Attachment of video images for a crime committed against the victim F on March 8, 2014);

1. Criminal records, investigation reports (Attachment of judgments), personal identifications and confinements, each of the judgment [Seoul Northern District Court 2012 Go-so2, 2494, Seoul Northern District Court 2009292966, 2009 Gohap90, Seoul Central District Court 2007Do710, Seoul Central District Court 2007 Gohap28, Seoul Northern District Court 2004, 2004 Go-Ma2702, Seoul Northern District Court 2004, 2004 Go-so2702, Seoul District Court 2002 Go-so879, 202323 (Consolidated), Seoul District Court 2002 Go-so6719, Seoul District Court 99-9798, Seoul Central District Court 9Da3756, Seoul Northern District Court 97 Go-so111];

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, method of commission of crime, and the fact that the same kind of crime was repeated several times in the judgment;

Application of Statutes

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

Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (Overallly, Selection of Imprisonment)

1. Aggravation for repeated crimes;

The proviso to Article 35 and the proviso to Article 42 of the Criminal Act (as there is a criminal record of larceny, etc. sentenced on December 13, 2012),

1. Statutory mitigation;

Articles 11 and 55(1)3 of the Criminal Act (Deaf-mute)

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 Acts: Imprisonment for one year and six months to twelve years; and

2. Application of the sentencing criteria;

[Determination of Punishment] Habitual Larceny (Type 1)

[Special Exemplarys] Reductions: deaf-mutes

[Extent of Recommendation] Two years and three months of imprisonment to four years and six months of imprisonment [the scope of imprisonment (one year and six years of imprisonment) as well as the upper limit and lower limit shall be 1.5 times of imprisonment, respectively, since it falls under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes.]

3. Determination of sentence: Imprisonment for 2 years and 6 months; and

As seen earlier, in light of the fact that the Defendant is not only disqualified for the suspended sentence as a repeated offender, but also constitutes a person who is found disqualified for the suspended sentence, and that social ties are highly likely to repeat a crime, and that the victims' damage has not yet been recovered, a sentence of imprisonment with prison labor is inevitable for the Defendant.

However, the defendant appears to have the attitude of recognizing and opposing the crime of this case, and the defendant, as the second-class 2 baby with hearing disability, has reached the crime of this case as the economic difficulty, and the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, family relationship, circumstance after the crime, etc