2014Gohap127 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

The largest Republic of Korea (prosecution) and leathers (public trial)

Attorney B (Korean National Assembly)

March 27, 2014

A defendant shall be punished by imprisonment for three years.

Criminal History Office

On October 18, 2006, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on May 29, 2008, the Defendant was sentenced to imprisonment for the same crime in the same court on May 29, 2008, and on June 7, 2010, the same court was sentenced to three years and six months to imprisonment for robbery, injury, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on August 11, 2013.

On January 25, 2014, at around 00:25, the Defendant was boarding the Dongcheon-gu Incheon Metropolitan City 261 of the Incheon Metropolitan City 200:00, and passed the section between Dongcheon-do and Incheon 261, and the Defendant discovered that the victim C was able to steal the floor of the Handphone, etc. under the influence of alcohol and drink it.

Accordingly, the Defendant habitually stolen Samsung Taltho 3 Handphones, a new bank credit card and a Handphone case containing a balthm card, which is located in Samsung Taltho, the market price of the victim's own 1,000,000 won away from the floor, using the crepans or crepans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Each entry into the police seizure record and the list of seizure;

1. The pictures of seized articles and photographs;

1. Before judgment: Each statement of criminal records, investigation records, investigation reports (Attachment to a judgment), and current status of personal identification and confinement;

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, method of commission of crime, frequency of crimes, and the repeated crimes of the same kind 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

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 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):

Judgment on the argument of the defendant and defense counsel

Defendant and his defense counsel at the time of the instant crime. However, in light of various circumstances, such as the background of the instant crime acknowledged by the records, the Defendant’s behavior before and after the instant crime, and the degree of memory of the Defendant, etc., it is deemed that the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, and thus, the above assertion is rejected.

Reasons for sentencing

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

[Determination of Punishment] thief and thief (general habitual and repeated thief)

【Special Convicted Person】

[Scope of Recommendation] Three to six years of imprisonment (the maximum and minimum amount of imprisonment falls under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the maximum and minimum amount of imprisonment shall be increased by 1.5 times)

2. Determination of sentence;

The defendants recognize and reflect all their crimes. The defendants are arrested on the spot and have no substantial damage.

However, the Defendant not only has the record of having been punished several times for the same crime, but also repeats the act of committing again after having completed the execution of punishment for the same crime. The instant crime committed again during the period of repeated crime for which five months or more have passed since it was committed again during the period of repeated crime after release. Therefore, the corresponding punishment is inevitable.

The sentence shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of this case, such as the above circumstances and the defendant's age, character, conduct, family relationship, health status, etc.

Freeboard of the presiding judge and judge

Judges Park So-young

Judges, Senior Superintendent-General