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(영문) 광주지방법원 2013.10.24 2013고단3576

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Seized evidence subparagraph 8 shall be confiscated.

victim No. 7 of seized evidence.

Reasons

Punishment of the crime

The Defendant, while having weak ability to distinguish things or make decisions due to the mental retardation (Intelligent Index 57) of Gyeongdo, was in the greenhouse greenhouse of the earth and sand installed by the victim D located in Gwangju North-gu, Gwangju, on August 2008, at around 23:00, the Defendant opened and intruded the gate, which was not corrected, and went back with 500,000,000,000 won of the market value of the victim located there.

In addition, the Defendant, from around that time to August 2, 2013, stolen the property worth KRW 22,55,000 in total on 38 occasions as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, E, F, G, H, I, J, K, K, M, M, P, Q, Q, R, S, T, V, M, X, Y, Z, AA, AB, AC, AD, AE, AE, AF, AH, AH, and AI;

1. Protocols of seizure, list of seized articles, and photographs related to seized articles (Evidence Nos. 2, 3, 4);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime and frequency of crime;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 330 of the Criminal Act concerning the crime;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 and Article 55 (1) 3 of the Criminal Act (Taking into account that some of the victims have agreed with each other and

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

1. Article 333 (2) and (1) of the Criminal Procedure Act for issuing victims;