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(영문) 인천지방법원 2012.11.15 2012고단9075

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 24, 2000, the Defendant was sentenced to a fine of 500,000 won for larceny at the Seoul Eastern District Court. On June 2, 2004, the Seoul Central District Court sentenced one year and six months to a suspended sentence. On October 9, 2007, the Defendant was sentenced to a suspended sentence of 8 months for larceny at the Seoul East Eastern District Court. On February 11, 2010, the Defendant was sentenced to a suspended sentence of 1 year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on February 19, 2010.

When the Defendant lacks the ability to discern things or make decisions due to a mental disorder caused by depression, depression, etc., the Defendant habitually lacks the ability to discern things;

1. On June 29, 2012, around 19:25, at the Seo-gu Incheon store, there was a theft by hiding one, one, one, one, one, one, one, one, one, and one, put to put in place, and one, two, under the calculation unit, of the market price managed by the victim D, using the gap in which the location surveillance is neglected.

2. 피고인은 상습으로, 2012. 7. 10. 17:30경 위 1항과 같은 장소에서, 같은 방법으로 피해자 D이 관리하는 시가 합계 57,600원 상당의 스피드 쿡냄비 1개, 플러스 요커버 1개를 숨겨서 가져가 절취하였다.

3. At around 16:55 on July 14, 2012, the Defendant habitually stolen the following places: (a) at the same place as the above paragraph 1; (b) at the same time, the victim D’s market price was at a total of KRW 100,580 in the same manner; (c) at 1,580, one book; and (d) one storm.

Accordingly, the Defendant habitually stolen property worth approximately KRW 269,130,000, total market price owned by the victim three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the scene of crime and photographs of damaged articles;

1. Habituality of judgment: A defendant shall be habitually larceny over several occasions, such as the first head of the crime and the statement thereof;