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(영문) 서울중앙지방법원 2014.01.23 2013고합1345

특정범죄가중처벌등에관한법률위반(절도)등

Text

1. The defendant shall be punished by imprisonment for two years;

2. The request for medical treatment and custody of this case is dismissed.

Reasons

Punishment of the crime

On May 7, 2010, the Defendant was sentenced by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was released on October 28, 201 during the execution of the said sentence, and on March 15, 2012, the period of parole expires, and the Defendant was nine times before the same larceny.

The Defendant habitually stolen goods worth KRW 457,697,00,000 in total on 34 occasions from around that time to July 3, 2013, when the Defendant had weak ability to distinguish things or make decisions due to the decline in shocking capacity, at the “D” store located on the fifth floor of the Seoul Jung-gu Seoul Special Metropolitan City Building Da (Seoul) in early November 201, using a gap in the victim E’s surveillance negligence, and at the display stand in the store, the Defendant used a gap in the victim E’s surveillance negligence, and then stolen goods in the same manner from around that time to July 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Each statement of H, I, F, J, K, L, M, N,O, E, P, Q, R, T, U, V, W, X, andY;

1. Case transfer note: relation to the victim Z, relation to the victim AA, and relation to the unclaimed scrap metal: relation to the victim M, occurrence report (thief): relation to the victim J;

1. On the screen screen, seizure records, seizure records, list of seizures, investigation reports (related to the date and place of the crime of model automobiles), investigation reports (related to the date and place of the crime), evidential data of the C building and investigation reports (verification of additional damage);

1. A mental appraisal report;

1. Previous convictions: Criminal records and investigation reports (verification of the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the frequency of crimes;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (1) of the Act on the Aggravated Punishment, etc.

1. Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders (limited to the criminal records of the thief in the case of violation of the Act on the Aggravated Punishment,

1. Article 10 of the Criminal Act for the mitigation of mental illness.