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(영문) 대전지방법원 2019.09.05 2019고합200

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Two candlelights (No. 1) and two seconds (No. 2) shall be the victim.

Reasons

Criminal facts

On August 5, 2003, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendants") were sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daegu District Court on May 24, 2006; ten months with prison labor for the same crime at the Cheongju District Court on November 30, 2006; eight months with prison labor for the same crime at the Changwon District Court on June 5, 2008; two years with prison labor for the same crime at the Busan District Court on February 24, 2012; one year with prison labor for a habitual larceny; on May 15, 2015; on April 27, 2017, the execution of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes was completed by the Daejeon District Court on April 27, 2017.

【Criminal Facts】

In the state that the Defendant was unable to discern things or make decisions due to the undivided mental fission of the Middle-do, etc., on June 10, 2019, at around 14:37, the Defendant opened a string door to the “C” located in Daejeon Middle-gu, Daejeon, and entered into the entrance, and had 3,200,000 won in cash and 2,200,000 won in the market price of the victim D owned by the victim inside the inside of the law, and opened a entrance to the bed room and the bed, and kept a entrance to the bed room and the bed to the bed room, and 2,50,000 won in cash owned by the victim in the bed room and 5,000 won in cash owned by the victim in the bed.

Accordingly, the defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen the victim's property within three years after the execution of the sentence is completed.

[Facts that cause medical treatment and custody] The defendant committed a crime that constitutes imprisonment without prison labor or heavier punishment in a state that he/she lacks the ability to discern things or make decisions due to a decentralization in the middle class.

The defendant is sufficient to execute a sentence only.