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(영문) 서울중앙지방법원 2016.08.31 2016고합714

상습절도

Text

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

On June 23, 2005, the defendant and the person entitled to the medical care, custody and custody (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on June 23, 2005. On January 5, 2009, the Seoul Central District Court received a summary order of KRW 1 million as a fine for larceny. On May 12, 2009, the Busan District Court was sentenced to imprisonment with prison labor for one year for larceny at the Busan District Court on May 12, 2009, and on February 14, 2014, sentenced to imprisonment with prison labor for eight months at the Busan District Court for larceny.

8. On July 16, 2014, the Seoul Central District Court sentenced a fine of KRW 3 million to larceny.

On January 28, 2016, when the Defendant took drugs, such as A, and lacks the ability to distinguish things or make decisions, the Defendant stolen and stolen them with one Kamer (NDF) equivalent to KRW 3,080,000 in the market price owned by the victim D with the sixth floor of the building C in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul Metropolitan Government, on January 28, 2016, when the Defendant entered the “E” store operated by the victim D with the sixth floor of the building C and C, Yeongdeungpo-gu, Seoul Metropolitan Government, and after the Defendant entered the store, the shop was exposed to the gap of the management neglected by other customers, and the store won was displayed on the display stand, with one Kamer (NDF) with one 3,00,000 won in the market price owned by the victim.

As above, when the defendant lacks the ability to distinguish things or make decisions, the defendant had 23,97,600 won in total as of January 19, 2016 to February 5, 2016 by the following methods: (a) as shown in the list of crimes in attached Form 10 times, he/she had property equivalent to the total market value of 23,97,600 won, which is the victims’ possession.

Accordingly, the defendant habitually stolen the victims' property.

Since the Defendant committed a crime due to the theft impulse failure when taking drugs as a drug abuse patient, the risk of recidivism is high, and the mental medical care in the treatment and custody facility is required for the treatment of mental disorders, social adaptation, and prevention of recidivism.