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(영문) 서울중앙지방법원 2017.09.08 2017고합816

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On November 30, 201, 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 Central District Court on November 30, 201; on June 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on February 23, 2016, the execution of the said punishment was terminated at a military prison on February 23, 2016; on November 17, 2016, the Defendant was sentenced to one year of imprisonment with prison labor at the Central District Court for larceny, etc.; and on May 8, 2017, the execution of the said punishment was terminated in the original District Court.

[2] Around July 29, 2017, the Defendant: (a) had weak capacity to discern things or make decisions due to mental disorders; (b) around July 18:57, 2017, within the “E” located in Jongno-gu Seoul, Jongno-gu, Seoul, under the management of the Victim C ( South, 34 years of age); and (c) one half of the sales price of the damaged party displayed in the display stand, one of which is the 14K MU TU, and one half of the sales price displayed in the display stand, was put into the left part of the other part and stolen another’s property habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Attachment ofCCTV video) and the closure and output of CCTV images;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: A written inquiry about criminal history, each judgment, and personal confinement status (140 pages of investigation records);

1. Habituality of the judgment: The defendant is a criminal defendant who has been punished several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the defendant repeatedly commits the crime of this case in the same kind within a short time after being released from prison, and thus, he/she may be admitted as a habit of larceny.

1. The point of mental and physical weakness: According to the records of the welfare card (the 36th page of the investigation record), the defendant is found to have a mental disorder 2, and according to the above evidence, the defendant can recognize that he was immediately exposed to the fact that he stolen a reflect at the display site between the victim, etc. and frightening.