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(영문) 수원지방법원 2016.05.31 2016고단964

특수절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Seoul High Court, and completed the execution of the sentence on January 23, 2015.

The Defendant is a person with intellectual disability of grade II, with intelligence (I Q) 50, 9 years of age 5, 5 months of social age (SA) and 53 intellectual disability of social index (S Q) 53 in a state that the Defendant has no ability to discern things or make decisions due to mental delay or intellectual disability.

At the same time with C, from October 9, 2015 to October 15, 2015, the first bicycle bicycle (2551 times) was cut off by entering a password, which was known to the Defendant, by cutting the secret number of the Defendant, into a locking device, and cutting off a bicycle, in the front line, where it is impossible for the neighboring housing center of the Dong-dong community service center to know the market price, which is the owner of the victim Ansan Urban Construction Corporation, in the vicinity of the Dong-dong community service center, from October 7, 2015.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (Confirmation of the period of suspect, repeated crime, and confirmation during trial);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. The scope of the recommended punishment on the sentencing guidelines under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the recognition of his/her misconduct and reflects against himself/herself, the damage is minor, and the damage is returned) of the mitigated Punishment Act / [the scope of the recommended punishment] the mitigated area (see, e.g., general larceny) (see, e., April to October) of the mitigated area (see, e.g., Special Mitigation) (see, e., no one responsible) of the mitigated Punishment Act;