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(영문) 서울중앙지방법원 2013.07.26 2013고합367
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2008, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and on December 21, 2010, the same court was sentenced to one year and six months of imprisonment for the same crime and completed the execution of the sentence at the port prison on April 11, 2012.

【Criminal Facts】

In a state that the Defendant lacks the ability to discern things or make decisions due to shocking and interference, the Defendant habitually lacks the ability to discern things;

1. On March 19, 2013: (a) around 13:01, 201, a lot store located in small and medium-gu Seoul Central District Co-1; (b) the 7th floor “C” store; (c) the victim D’s creb in a display stand; (d) the victim D’s creb and theft of the crebt at the market price equivalent to KRW 565,000, which was placed in a display stand;

2. On March 19, 2013, around 15:05, at the same department store “E” store on the fifth fifth floor of the same department store, the victim F puts a man-use store equivalent to the market price of 99,000 won, where the victim F was suffering from a crepan in a display room where he was able to respond to other customers, and stolen it.

Accordingly, the defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crimes within three years after the execution thereof is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement in F and D;

1. Records of seizure and the list of seizure;

1. Report on internal investigation (verification of the crime scene of a suspected victim and tracking of a moving line), report on internal investigation (the CCTV investigation into a moving-in area), report on internal investigation (related to the CCTV investigation into a moving-in area), report on internal investigation (related to the verification of CCTV in a moving-in area), report on internal investigation (related to the verification of damaged goods), and report on internal investigation (related to the specification of a person being

1. Each CCTV photograph (No. 4, 8, and 18), a product photograph, and a damaged product photograph;

1. Records of previous convictions: Criminal history records, previous statements of disposition, results of confirmation, and copies of each judgment;

1. Habituality of the holding: The application of the law to recognize dampness in light of the fact that each crime force, frequency of crimes, and the same kind of crimes in the holding are repeated.

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