2014No127 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

(Habitual larceny)

this Ordinance (1980s) and daily workers

Defendant Appellant who is the complainant of this paragraph

Manman (prosecutions) and Kim Jong-Un (Trial)

Public-service advocate Hanm

Jeju District Court Decision 2014Gohap131 Decided November 13, 2014

April 1, 2015

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

The sentence of the lower court (four years of imprisonment) shall be too unreasonable.

2. Judgment ex officio: Amendments to Bill of Indictment;

ex officio, the prosecutor examined the case in question as follows: (a) the name of the crime in the trial room is "Habitual larceny"; (b) the applicable provisions of law are Articles 332, 329, and 35 of the Criminal Act; and (c) the application for amendment to a bill of amendment to a bill of amendment in which the facts charged are changed to the same contents as the facts charged below; and (d) the judgment of the court below cannot be maintained any longer due to the change in the subject of the judgment upon permission by the court below; (b) without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed pursuant to

[Grounds for multi-use Judgment]

Criminal facts

At around 14:00 on May 20, 2014, the Defendant: (a) opened a side 100,000 won in cash, which had not been unlocked, before the victim, ○○○, in the Don-Eup, at the Jeju-si, and opened a side, and attempted to steal or steal, from that point to September 28, 201, the Defendant habitually committed a theft of the total market price of at least KRW 1,360,000,000 in total, from that point, during eight times during the period from September 28, 2014, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the preparation of the red ○○, the strong ○○, the high ○○, the high △○, the △○○, the original ○○, and the river;

1. Each investigation report and internal investigation report;

1. Photographs of the purchase account book, photographs of the category of the suspect at the scene of the crime, and photographs;

1. Other closure photographs of each CCTV image;

1. For each previous offense: An inquiry report, an investigation report (the confirmation of the date of release of a suspect and a written judgment before the same offense);

(A)a copy of each written judgment, the current status of personal confinement, and each copy of each written judgment;

1. Habituality of judgment: The records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes under the judgment;

It repeatedly commits the instant crime of the same kind within the short period after release, etc.

recognition of damps, in the light of

Application of Statutes

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

Articles 332 and 329 (Generally, Selection of Imprisonment) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Reasons for sentencing

The Defendant committed the same crime because of previous convictions for the same offense for which more than one year has passed after the execution of punishment was completed, and the Defendant committed larceny several times immediately after the Defendant was present at the trial date of the lower court, and the Defendant did not take any measures to recover damage to victims, and the Defendant was recognized to have committed more crimes in the trial than in the original trial due to changes in indictments, etc., which are considered disadvantageous to the Defendant.

However, the purport that the Constitutional Court made a decision of unconstitutionality on the provisions on habitual larceny among the rates of the Act on the Aggravated Punishment, etc. of Specific Crimes, the fact that the name and applicable provisions of the Criminal Act have been changed due to habitual larceny as provided in the Criminal Act in the trial, and other punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, criminal acts and methods of crime.

Class Kim Ho (Presiding Judge)

Dried trees

Freeboards

List of Offenses

A person shall be appointed.