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(영문) 서울중앙지방법원 2014.11.20 2014고단6894

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On June 27, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on January 27, 2013 and completed the execution of the sentence on June 4, 2014, and the same criminal records are 13 times.

The defendant was in a state that he lacks the ability to discern things or make decisions due to the Compilation mental fission.

On September 17, 2014, at around 14:25, the Defendant stolen the cash amounting to KRW 400,000,000 owned by the victim from the wall wall located in the UA to provide meals to the victim E at the “D” clothing store of the first floor of the Seoul Jung-gu Seoul Metropolitan Government building 39.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (suspect CCTV photographs);

1. Evidence photographs;

1. Previous records: Criminal history records, etc. inquiry reports, investigation reports (verification of the date of release of a suspect, previous records, and attachment of judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the same kind of crimes under the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing [the scope of recommending punishment] under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances describing the reasons for sentencing) of the Act on the Aggravated Punishment, etc. of Specific Crimes (see, e.g., Supreme Court Decision 2009Da1548, Jun. 27, 2013). The execution of the sentence is terminated on June 4, 2014.