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(영문) 창원지방법원 2018.12.12 2018고단2054
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On May 14, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on April 6, 2016 at the same court on April 6, 2016, and one year of imprisonment with prison labor for larceny, etc. at the same court on November 2, 2017, and completed the execution of the sentence in Busan Prison on April 21, 2018.

[The defendant's mental and physical weakness] The defendant was in a state of weak ability to discern things or make decisions due to mental symptoms caused by side effects during pharmacologic and pharmacologic treatment.

On June 15, 2018, the Defendant: (a) around 22:40 on June 15, 2018, 2018, at the “P” operated by the victimO located N in the window of Changwon-si; (b) removed the window screen of the above fireworks and intruded inside the above fireworks office; and (c) stolen the cash amounting to KRW 18,000, in cash owned by the victim, located in the head of the above fireworks office.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again committed a crime of intrusion on a structure at night during the repeated crime period.

On August 3, 2018, the Defendant: (a) around 21:54, the Defendant: (b) opened a “S” restaurant operated by the victim R of the victim R in Seongbuk-gu Q, Changwon-si; and (c) went into the said restaurant; (d) opened a window not corrected in the said restaurant; and (e) opened a credit cooperative located in the said restaurant; and (e) did not intend to go into the said restaurant, the Defendant reported that T, a staff member of the on-site dispatch in the inside of the said restaurant, went into the said restaurant and failed to go out of the window, on the ground that T, who was a staff member of the on-site dispatch in the said restaurant, went into the said restaurant.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again committed the crime of larceny at night during the period of repeated crime.

On September 5, 2018, the Defendant: (a) on September 2018, 2018, on the victim’s passenger car parked in front of the “W” restaurant operated by the victim V located in Manyang-si, Namyang-si; (b) on the part of the Defendant: (c) on the part of the victim’s passenger car in front of the “W” restaurant, the Defendant opened an unrecied light door and inside.

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