2014Gohap287 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

More than a record (prosecutions, public trials), grandchildren (public trials)

Attorney B, C (State Ship)

September 29, 2014

A defendant shall be punished by imprisonment for not less than two years and six months.

Criminal History)

On December 20, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on July 25, 2012; on December 22, 2005, two years of suspended execution of imprisonment with prison labor at the Busan District Court on December 22, 2005; on January 8, 2009, one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on December 21, 2012; on December 21, 2012, the Defendant was sentenced to a fine of three million won with the punishment for larceny at the Busan District Court on December 5,

【Criminal Facts】 The Defendant committed the following crimes under the circumstance that the Defendant was unable to discern things or make decisions due to shocking and mental retardations:

1. On April 8, 2014, the Defendant: (a) around 12:00, the Defendant: (b) placed the victim D (hereinafter referred to as the “victim”) on the street prior to the Taesan Food that was located in 1520, Seodong-dong-gu, Busan in Busan, and opened a driver’s seat and opened a locker for the said cargo vehicle and carried out a 1,080,000 won in cash owned by the victim, which was located behind the driver’s seat; (c) one for each wall, one for each card, one for each resident registration certificate, one for each credit card, one for each credit card, one for each credit card, one for each credit card, one for each debit card, one for each credit card, one for each credit card, one for each credit card, and one for agricultural credit card, one for each credit card, one for each credit card, and one for each credit card of 3,70,000 won

2. On April 13, 2014, the Defendant: (a) around 13:44, 2014, around 60,00 won in cash owned by the victim G in Busan Jung-gu; (b) 60,000 won in cash owned by the victim under the supervision of the account unit using a cresh in the storage in order to search for clothes; (c) 1, 1, 1, 1, 1, 1, 1, 1, 60,000 won in market price contained in cresh; and (d) 1,000,000 won in the market price.

As a result, the defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again stolen the victims' objects within three years after the execution is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and G;

1. Each photograph;

1. Each investigation report (the sequence 3, 5, 6, 9, 12, 15, 19 of the evidence list);

1. Previous convictions indicated in the judgment: Habitualness of inquiries, such as criminal records, etc., and investigation reports (Evidence List Nos. 11, 21). In light of the records of each crime in the judgment, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been repeated several times, the Acts and subordinate statutes recognizing dampness shall

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 [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of which the execution of the punishment was completed on July 25,

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 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 from June to June 12;

2. Scope of recommendations;

Determination of ○ Determination: thief crime, habitual and repeated theft, type 1 (general habitual and repeated theft) and special spacters

- Mitigation elements: mentally ill-minded persons (no one shall be responsible);

C General life-sustaining persons

Reduction element: Serious reflect

○ Scope of Recommendations: Imprisonment between March and April (Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the maximum and minimum limits of the sentence shall be aggravated by 1.5 times).

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

In light of the fact that the Defendant committed the instant crime at the same time during the period of repeated crime even though he had been already punished several times due to the same theft crime, such as the statement in the record of the criminal records in the judgment, and that the amount of damage was not much, and that the victims’ reimbursement for damages has not been made up to now, the liability for such crime is not easy.

However, the defendant led to the confession of the crime in this case and reflects his mistake in depth, the fact that he was in a state of mental disorder with the impulse disorder and the mental retardation of longitude at the time of the crime in this case, and that some damaged items, such as credit cards and bags, were returned to the victims, and the husband of the defendant is aged 70 years old and the disabled in Grade 6 of visual disability are deemed to require support by the defendant. Other factors such as the defendant's age, character and behavior, environment, family relationship, motive for the crime in this case, circumstances before and after the crime, etc., all the sentencing conditions specified in the arguments in this case, such as the sentencing guidelines, the scope of recommendations according to the sentencing guidelines, and the jury's sentencing opinion

jury verdict and sentencing opinion;

1. A verdict of guilt or innocence;

○ "guilty": 9 persons (per day).

2. Opinions on sentencing;

○ 4 years of imprisonment: 2 persons.

○ Imprisonment for a period of three years and six months: two persons;

○ Three years of imprisonment: one person.

○ Imprisonment with prison labor for a period of two years and six months: one person.

0 2 years of imprisonment: One person.

○ One year and six months of imprisonment: On the grounds of two or more persons, this case is judged as ordered by the participatory trial at the defendant's desire.

Judge of the presiding judge;

Judges Park Jong-chul

Judges Shin Dong-dong

1) Determination as to the existence and degree of mental disorder as stipulated in Article 10 of the Criminal Act is a legal judgment and bound by the opinion of a professional appraiser.

not required to be a type and degree of mental illness, motive and circumstance of the crime, means and manner of the crime, and the conduct of the defendant before and after the crime.

In full view of various circumstances, such as Dong and Ban, the court can independently determine it (Supreme Court Decision 200 delivered on August 24, 1999).

199Do1194, etc.). The defendant was diagnosed by the mental retardation of the latitude, and the motive of the crime of this case and the details of the crime.

In light of the means and attitudes, the conduct and investigation of the defendant before and after the crime, and the attitude in the trial proceedings, the defendant committed the crime in this case.

It is reasonable to view that a state of mental illness was in the state of mental disability at the time (see, e.g., Supreme Court Decision 94Do581, May 13, 1994).