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(영문) 광주지방법원 2016.07.08 2016재고합18
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to three years of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on January 26, 2007, and was sentenced to three years and six months of imprisonment with labor for the same crime in the same court on March 23, 2010 and completed the execution of the sentence in Gwangju Prison on July 19, 2013, and was sentenced to eight times of imprisonment with labor for the same crime.

[Criminal facts] On October 13, 2013, around 11:00, the Defendant entered the door door of “E” operated by the victim D in Gwangju-dong-gu, Gwangju-gu, and opened a building door by hand and entered the door door of the building to the party of the building.

In addition, the defendant has been holding 200,000 won in cash, which is the victim's possession, who was in his place of law.

In addition, the Defendant habitually stolen or attempted cash, merchandise coupons, etc. equivalent to KRW 2,320,00, totaled from September 8, 2013 to October 27 of the same year from around September 2013 to around 12 times, as indicated in the list of crimes in the attached Form, and invaded upon the structures managed by the managers of each inspection.

The criminal facts were partly revised in accordance with the name of the crime and the applicable law.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, G, D, H, I, J, K, L, M, N,O, P, Q, and R;

1. Previous records of judgment: Inquiry results, criminal records and other inquiries, and investigation reports (report on the same criminal records and binding of criminal suspects A);

1. Habitualness of judgment: Determination as to the defendant and his/her defense counsel's assertion in light of the records of each crime, the number of crimes, the frequency of crimes, and the continuous and repeated crimes of the same kind in the judgment;

1. The Defendant committed each of the instant crimes in a state that he/she has a weak ability to discern things or make decisions due to a mental retardation.

2. The existence of mental or physical disorder as stipulated in Article 10 of the Criminal Code is a legal issue to be determined by the court in light of the purpose of the penal system.

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