(영문) 인천지방법원 부천지원 2009. 10. 20. 선고 2009고단1231 판결[특정범죄가중처벌등에관한법률위반(절도)][미간행]
Defendant
Kim Young-young
Attorney Kang Jong-ho (Korean National Assembly)
A defendant shall be punished by imprisonment for one year.
The seized header (No. 1) shall be confiscated from the accused.
1. Criminal records;
On November 24, 1992, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny in the Southern Branch of the Seoul District Court, and on January 12, 2007, the Defendant was sentenced to 13 times of imprisonment with prison labor for an attempted robbery at Seoul High Court on January 12, 2007. On March 18, 2008, the Defendant was sentenced to 4 months of imprisonment with prison labor for an attempted robbery and completed the execution of the sentence in the Government Regional Prison on June 21, 2008.
2. Criminal facts;
Around 01:00 on August 1, 2009, when under the influence of alcohol, the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, and came to the verbal side of the victim at the Nowon-gu Seoul Special Metropolitan City, Nowon-gu ○○○ Dong (hereinafter referred to as the “land number omitted) and then was placed on the victim’s verbal side of the victim’s door, which was placed on the part of the seat of the seat of the seat of the seat, and caused the Defendant to commit an attempted crime by opening the locks of the stack and destroying it, and exposing it into the non-indicted operating on the street in the vicinity.
1. Statement by the defendant in court;
1. Each police statement against the Nonindicted Party and the victim
1. Police seizure records;
1. On-site photographs;
1. Previous convictions in judgment: Criminal records and investigation reports (the date of confirmation and attachment of judgment);
1. Article applicable to criminal facts;
Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331 (1) of the Criminal Act.
1. Aggravation for repeated crimes;
Articles 35 and proviso of Article 42 of the Criminal Act
1. Mitigation of mental disorders;
Articles 10(2) and 55(1)3 of the Criminal Act
1. Discretionary mitigation;
Articles 53 and 55(1)3 of the Criminal Act
1. Confiscation;
Article 48(1) of the Criminal Act
A defense counsel asserts to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case, but according to the record, it is not recognized that the defendant had an ability to discern things or make decisions under the influence of alcohol, and thus, the above argument is rejected.
The punishment shall be determined like the order, in consideration of all the conditions of sentencing, such as the fact that a person appears to have committed an accident by drinking, the crime was committed in an attempted crime, the victim wanted to leave the defendant's wife, the family environment and health conditions of the defendant, and the criminal records of the defendant.
It is so decided as per Disposition for the above reasons.
Judges Maximum Sung-ro