logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.09.27 2013고합869
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 April 12, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, for the same crime at the same court on March 25, 2003, for the same crime on June 1, 2005, for the same crime at the same court on June 1, 2005, for one year and six months, for the same crime at the Seoul Central District Court on June 29, 201, and for one year and six months, for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on April 3, 201, and on April 27, 2013, the Defendant has the same kind of power as 13 times in total, such as the completion of the execution of the sentence at the Jinju Prison.

【Criminal Facts】

On August 10, 2013, the Defendant: (a) habitually, under the influence that the Defendant was unable to discern things or make decisions due to the shock disorder in military register disorder; (b) used the gap in the management of the victim D at the 19-3 New World Department Store 5th floor of Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, 19-3, “C” store; and (c) used the gap in the management of the victim D, the location of which is attributable to the fact that the Defendant committed the theft with one strawts of man amounting to KRW 158,00 and one 20,000,000, respectively.

The Defendant, in the foregoing manner from that time to 19:50 on the same day, stolen each of the property amounting to KRW 3,611,369, in total, 19 times as indicated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

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

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Criminal history records, etc., inquiry reports (A), investigation reports (verification of repeated offenses against suspects and attachment of the same judgment), and the status of confinement or acceptance by individuals;

1. Habituality of the judgment: Recognition of a theft offense in light of the fact that the defendant had the same criminal record as the first head of the crime committed in the judgment, and that the defendant again commits the larceny during the period of repeated crime after being released therefrom;

1. A mental retardation: A criminal investigation report (related copies of the records attached - a quasi-incompetent) and related copies of the records (a result of an appraisal of a mental disorder).

arrow