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(영문) 춘천지방법원 강릉지원 2016.10.12 2016고단1191
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] The Defendant is a person with intellectual disability 2nd degree, who was sentenced to imprisonment with prison labor for larceny, etc. on February 5, 2015 at the main branch of the Chuncheon District Court, and was sentenced to one year and six months from July 17, 2013, who was sentenced to imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the early branch of the Chuncheon District Court on July 17, 2013. On December 18, 2015, the Seoul East East District Court sentenced to one year and one year from the imprisonment with prison labor for habitual larceny, etc. at the Seoul East District Court on August 29, 2016 and completed the execution of the sentence and is currently serving for repeated crimes three or more times due to larceny, etc., and is a person who is serving for the same kind of larceny and the same 25 times (including six times the delivery of the juvenile protection case).

【Criminal Facts】

1. On August 29, 2016, at around 23:50 on August 29, 2016, the Defendant: (a) stolen the victim E in the D 2 water surface room located in Gangseo-si, Gangnam-si, with one unit of a galthal ju City7 verification color smartphone equivalent to approximately 400,000 won in the market price (purchase price) owned by another victim, which was adjacent to another victim.

2. From Aug. 30, 2016 to Mar. 31, 2016, the Defendant: (a) opened a back door that was not corrected in the creshed or creshed by the victim G at the home of the victim G located in Gangseo-si on Aug. 30, 2016 to Aug. 31, 2016; (b) intruded into the house; and (c) stolen the victim’s possession of cash, identification cards, debit cards, and welfare cards for the disabled; and (d) cut off the victim’s ownership with 170,00 won of cash, identification cards, debit cards, and one cell phone with an unfluened cell phone at the market price.

2. On August 31, 2016, at around 22:00 on August 31, 2016, the Defendant: (a) committed a theft with one unit of gallon in a gallona7 white smartphone in an amount equivalent to KRW 800,00,000 on the market price of the victim’s ownership (purchase price) owned by the victim, who was set up on the gallon.

Accordingly, the defendant stolen the victims' goods three times in total.

Summary of Evidence

1. The defendant;

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