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(영문) 서울북부지방법원 2013.09.30 2013고합204
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On May 22, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court. On June 22, 2011, the Seoul Western District Court sentenced ten months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 20, 2012, the Defendant was punished for larceny or for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

1. The Defendant, at around 15:00 on July 3, 2013, when he lacks the ability to discern things or make decisions due to a very serious shock disorder, etc., was put in one of the following: (a) at a reservoir located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, in cash 10,000 won owned by the victim E, and one of the key posts of “bolol” bearing one transportation card for the disabled of the new bank, in the Defendant’s bank.

2. On July 3, 2013, at around 15:15, 2015, the Defendant discovered that the victim H, who sought an emergency from the Defendant’s side of the Defendant, was in need of opening a market for the victim H, while having weak capacity to discern things or make decisions, and put the victim’s cash 65,000 won into the Defendant’s bank.

Accordingly, the defendant habitually stolen the victims' property two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, H, I, and J;

1. Each police statement to K and E;

1. Records of seizure and the list of seizure;

1. A H statement;

1. A damaged photograph (victim H), a damaged photograph (victim E), various photographs (crime scene photographs), various photographs, and on-site photographs;

1. The defendant's moving route;

1. Statement of opinion;

1. Mental assessment;

1. Previous records: Criminal records and other inquiries, each written judgment, and the current status of personal identification and acceptance;

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