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(영문) 서울남부지방법원 2013.11.29 2013고단2269
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On April 7, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court, and completed the execution of the sentence on December 11, 2010. On October 20, 2008, the Defendant was sentenced to imprisonment with prison labor for larceny for six months in the Gwangju District Court's net Branch Branch of the Gwangju District Court, for two years of suspension of execution, for eight months in the Seoul Central District Court on June 8, 2006, for eight years of suspension of execution and for eight months of imprisonment with prison labor for larceny at the Seoul Central District Court on May 24, 200, and for one year and six months in the Seoul East District Court on May 24, 200, the Defendant was sentenced to imprisonment with prison labor for one year and

The Defendant, at around 14:45 on May 9, 2013, under the state that the Defendant lacks the ability to discern things or make decisions due to a mixed uneasiness, had a 1-throde room in the E-third E-story store located in Yeongdeungpo-gu Seoul Metropolitan Government around 14:45, with a large amount of 33,00 won at the market price where the Victim G was displayed by using a gap in the surveillance of the victim G, and 3,000 won at the 3th E-third floor on the same day. At around 15:00 on the same day, the Defendant had a 69,900 won at the market price where the victim I was displayed at the same place using a gap in the supervision of the victim I.

Accordingly, the defendant habitually stolen the property of the above victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Statement of opinion;

1. Previous convictions: Criminal records, investigation reports, confirmation of the facts of release, and each judgment;

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, Article 329 of the Criminal Act, and the choice of limited imprisonment concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The Defendant, from around 2008, has been treated as a mixative disorder under Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental and physical illness, and according to the fact-finding reply, the Defendant.

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