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(영문) 수원지방법원 안양지원 2013.07.03 2013고단503

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Central District Court on August 20, 2012 and completed the execution of the sentence at the Seoul Detention Center.

【Criminal Facts】

Defendant is habitually unable to discern things or make decisions due to a mental fission, etc., while the Defendant lacks the ability to discern things or make decisions;

1. On May 4, 2013, at Annyang-gu C department store C department store in Ansan-gu, Annyang-si, Annyang-si, A department store D store with only one gallon per 2 mobile phone with a market value equivalent to one million won, the victim E, who was a customer, left before the carter, by taking advantage of the gaps in which surveillance by the victim E, was neglected;

2. On May 4, 2013: (a) at H clothes stores in Anyang-gu, Annyang-si, Annyang-si, L-3, G-3; (b) with one cell phone unit of five mobilephones equivalent to the market value of the victim, the victim’s market on his/her book was located on his/her own, by taking advantage of the gaps in which the victim’s surveillance was neglected; and (c) theft;

3. The Defendant, at around 13:20 on May 4, 2013, 201: (a) at the J clothes shop operated by the victim I in E-49; (b) by taking advantage of the gaps in the victim’s surveillance negligence, he/she took advantage of the gaps in the victim’s surveillance negligence; (c) with one observer mobile phone of the victim’s market value equivalent to KRW 800,000,00,000; (d) with one observer mobile phone of the new bank; (e) one son credit card of the community credit card;

4. On May 4, 2013, the Defendant: (a) around 13:40 on May 4, 2013, at Least 34 operated by the Victim K, the Defendant: (b) took advantage of the gaps in the victim’s surveillance neglected surveillance, and stolen the Defendant’s gallon-one mobile phone at L3 mobile phone when the victim’s market value on the table was owned by the consignee.

Summary of Evidence

【Criminal Facts in the Market】

1. Statement by the defendant in court;

1. Police seizure records;

1. Each written statement (victims of crime committed on the market);

1. The inquiry letter on criminal records, etc. (A), investigation report (written inquiry about confinement records and confirmation of repeated crime) (Habitualness at the time of sale), defense counsel asserts that the defendant's crime is not habitually revealed, but according to each of the above evidence.