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(영문) 광주지방법원 2015.01.16 2014고합389

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】 On October 5, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court’s net support, and on March 22, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on October 12, 2012.

【Criminal Facts】 The Defendant, as a mentally handicapped person with mental retardation, committed any of the following crimes under the influence of distinguishing things or lacking the ability to make decisions due to mental symptoms, such as intelligence, impulse control, degradation of judgment, and alcohol addiction:

1. On August 14, 2014, at around 22:30, the Defendant opened a back door of the driver’s seat of F QM5 car owned by the victim E, which is parked on the road in front of the Dcafeteria located in Gwangju Mine-gu, Gwangju, and stolen two copies of the original right only in cash owned by the victim, who was in the back of the driver’s seat.

2. On August 15, 2014, at around 04:10, the Defendant: (a) opened a HWA car driving seat in front of the subway entrance of the 416-9 Gwangju Airport; (b) discovered the victim’s MF reflectrs that were in custody of the driver’s seat and the chief knife; and (c) cut off one part of the daily KRW KRW 1,000,000, Japan KRW 1,000, US$ 100,000, KRW 1,000, KRW 1,000.

Accordingly, the defendant was sentenced to imprisonment twice or more for habitual larceny, and again stolen the victims' goods within three years after the execution of the sentence was terminated or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. A mental appraisal report;

1. On-site evidentiary photographs;

1. Previous records of judgment: Criminal history records and other inquiry reports, investigation reports (Attachment to copies of the certificate of release), and investigation reports (former and confirm);

1. Habituality in the holding: Each judgment.