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(영문) 수원지방법원 평택지원 2014.08.21 2014고단890

상습절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 (nibs) shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Justice] On March 9, 2012, the Defendant received a summary order of KRW 1 million as a fine for larceny from the Chuncheon District Court, and was sentenced to the suspension of indictment from the Daejeon District Prosecutors' Office on November 28, 2012 as a result of larceny. On November 29, 2012, the Defendant received a summary order of KRW 500,000 as a fine for larceny from the Daejeon District Court's Incheon Branch Branch of the Daejeon District Court on November 29, 2012. On April 9, 2013, the Defendant was sentenced to a summary order of KRW 50,000 as a result of larceny, and was sentenced to a suspended sentence (the suspended sentence: 6 months of imprisonment) as a special larceny in its branch of the Daejeon District Court's Incheon Branch of the Daejeon District Court.

【Criminal Facts】

On June 21, 2014, around 21:28, the Defendant: (a) cut the victim’s 1,50,000 won of the market price owned by the Defendant, which was set up in the Central Library Library of 118, Nam-gu, Yannam-gu, Yannam-gu, and cut the bicycle, cut the bicycle, and stolen it; (b) from around that time to July 4, 2014, the Defendant habitually stolen the victims’ property worth KRW 2,450,000, total market price of KRW 2,450,000, or was discovered to the police officer, and did not bring the Defendant attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D, E, F, G, H, I, J, K and C;

1. Seizure record and list;

1. All on-site photographs;

1. Previous convictions in judgment: Criminal records, investigation reports, and summary orders;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment with prison labor;

1. The defendant's defense counsel in determining the defense counsel's assertion under Article 48 (1) 1 of the Criminal Act asserts that the defendant was in a state of mental disorder or mental disorder at the time of each crime of this case.

According to the records, the defendant's intellectual disability.