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(영문) 서울남부지방법원 2014.05.23 2014고합53

특정범죄가중처벌등에관한법률위반(절도)등

Text

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

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

-the applicant for compensation.

Reasons

Criminal facts

On January 30, 2004, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") were sentenced to a fine of KRW 5 million for larceny by the Incheon District Court on December 8, 2005, on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Seoul High Court on January 30, 2004, in the case of the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., in the case of the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., in the Jeju District Court on December 8, 2005, in the case of the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, five million won and five million

【Criminal Facts】

The Defendant committed the following crimes under the status that the Defendant was unable to discern things or make decisions due to brain diseases, damage, and disorder in personality and behavior caused by a functional disorder:

Defendant

In addition, the defense counsel asserts that the defendant was in the habitual condition due to mental disorder at the time of each of the crimes in this case. However, in light of various circumstances such as the circumstance of the crime in this case, the method and method of the crime, the defendant's behavior before and after the crime in this case, which are acknowledged by each of the following evidence, it cannot be viewed that the defendant was in the absence of the ability or decision-making ability to discern things at the time of each of the crimes in this case

"2014, 46"

1. On May 29, 2012, the Defendant forged a written request for savings in the name of G, which is a private document on the rights and obligations of G, with the intention of exercising the right and obligations of withdrawal from the passbook passbook in the name of G, which was stolen from the F of the Mai-gu, Sung-nam-si on the same day at the 13:16th of May 2012, 201, the Defendant forged a written request for deposit in the face amount of the deposit sheet kept there, stating that “Tcheon Won (80,00,00)” and “H” and “G” in the face number column, with the respective passbook affixed to the respective passbook, with the signature of G, which is a private document on rights and obligations.

2. Uttering a documentary investigation document;