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(영문) 서울남부지방법원 2020.07.24 2020고단1767

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 21, 2004, the Defendant was sentenced to imprisonment with prison labor for 2 years and 200,000 won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Southern District Court; imprisonment with prison labor for the same crime in the same court on November 8, 2006; three years for the same crime in the same court on July 5, 2010; imprisonment with prison labor for 3 years in the Suwon District Court on September 5, 2013; imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on July 21, 2016; imprisonment with prison labor for 1 year and 6 months in the Seoul Southern District Court on July 21, 2016; and imprisonment with prison labor for 6 months in the Daegu District Court on February 8, 2018, and completed the execution of each of the above punishment in the Gyeyang Prison on January 19, 2020.

The defendant was in a state of weak ability to discern things or make decisions due to mental disorder, such as mental disorder with severe degree of disability and physical disorder, which has difficulty in shocking, etc.

On April 1, 2020, the Defendant: (a) on the street in front of the dong-gu, Daegu-gu, Daegu-gu, 550, and (b) on the street in front of the Dong-gu, Daegu-gu, Daegu-gu, 550, and (c) on April 1, 202, the Defendant called “to open to open to open to open to open to the otooba” to the victims B (Nam, 28 years old) who met with “to open to open to open to the obaba” to directly trade the obaba, and (d) got about KRW 5 million at the market price from the victims, and cBR 100,000 Rhotoba

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. 112 reported case handling table;

1. Stobane photographs;

1. Investigation report (the circumstances of suspect's intent to sell stolen and damaged articles);

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement by individuals, application of statutes of judgment;

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