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(영문) 대전지방법원 2014.07.10 2014고합32
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 26, 1994, the defendant was sentenced to a suspended sentence of ten months for larceny, and five million won for a fine for larceny, etc. at the Cheongju District Court on September 29, 1995; on November 28, 1997, the defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on May 2, 2003, the Cheongju District Court sentenced to a suspended sentence of five years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on August 4, 2004, the defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Cheongju District Court on April 14, 2009; on March 14, 2009, the defendant was sentenced to a fine of three hundred thousand won for a violation of the Act on the Aggravated Punishment from the Cheongju District Court on March 14, 13.

【Criminal Facts】

The Defendant committed the following crimes in a state where the ability to discern things or make decisions was deteriorated due to inherent depressions, etc. as a person with adaptation disorder, and the ability to suppress impulses was deteriorated.

On December 5, 2013, at around 13:00, the Defendant: (a) pretended to be a customer at the “F store operated by the victim E in Daejeon-gu, Daejeon-gu; and (b) used the gaps in which the victim’s care was neglected, thereby thefted with one point for women’s 418,000 won at the market price, which is the victim’s ownership.

In addition, as shown in the annexed crime list between around that time and January 15, 2014, the Defendant habitually stolen the clothing of KRW 4,570,800 in total amount of nine times, as shown in the annexed crime list.

Summary of Evidence

1. The defendant;

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