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(영문) 서울중앙지방법원 2013.06.20 2013고합431
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

In addition to the completion of the execution of the sentence on August 24, 2012, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") are sentenced to imprisonment with prison labor for larceny on July 11, 2012 by Seoul Southern District Court for three months, and the same criminal records are more than five times.

In the state that the Defendant lacks the ability to discern things or make decisions due to the network type mental division, the Defendant prepared at around 17:45 on January 3, 2013, the total market price of 16 kinds of goods, such as canns, cans, cans, paws, picks, book, sound book, and pentle, and 140 won, which are totaling 94,140 won, in advance.

Accordingly, the defendant habitually stolen another's property.

[Facts of the grounds for medical treatment and custody] When the defendant lacks the ability to discern things or make decisions due to the network mental division, he/she has committed a crime corresponding to imprisonment without prison labor or heavier punishment and needs to be treated at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A receipt for damage and suspension of transaction;

1. A mental appraisal report;

1. Previous records: Criminal records, etc., references, previous records of dispositions, results of confirmation, current status of punishment, investigation reports (related to confirmation of suspect's identity of larceny and acquisition of larceny, attachment of judgment of related cases);

1. Habituality: The defendant had been punished by a fine of five times or more as a result of larceny, in addition to imprisonment with prison labor stated in the first head of the crime, only after 2011, and the criminal method is the same as the act of the crime, which generally puts the goods in a large retailer into a bank, and discharges the same kind of goods within a short time after release.

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