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(영문) 서울중앙지방법원 2017.06.15 2017고합443
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On April 12, 2001, the Defendant was punished by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on March 25, 2003; imprisonment with prison labor for the same crime at the same court on March 25, 2003; imprisonment with prison labor for the same crime at the same court on June 1, 2005; one year and six months; imprisonment with prison labor for the same crime at the Seoul Central District Court on June 29, 2010; one year and six months; imprisonment with prison labor for the same crime at the same court on April 3, 2012; and one year and six months; imprisonment with prison labor for the same crime at the same court on September 27, 2013; and imprisonment with prison labor for two years at the Southern District Court of Seoul Southern District Court on May 21, 2015; imprisonment with prison labor for the same crime completed on April 13, 2017.

[2] In a situation where the Defendant lacks the ability to discern things or make decisions due to the shocking disorder of the symptoms of military register disorder, the Defendant put the victim’s possession in a shopping bag with the display belt 598,000 won in the market price, which was displayed in the display belt using the gap of surveillance negligence in around 18:05, Apr. 15, 2017 in the “F” clothing store operated by the victim E of D 3rd floor located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Copies of the results of mental appraisal;

1. Reports on internal investigation and investigation reports (list of evidence 10);

1. Image photographs of CCTV;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (list of evidence 9);

1. Habitualness of judgment: Application of Acts and subordinate statutes to recognize a habit of larceny in light of various circumstances, such as the history of crime in the judgment, method of crime, interval between time and crime committed in advance;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (that there exists a previous criminal record of habitual larceny in the judgment that the execution of punishment was completed on April 13, 2017)

1. The Criminal Act to mitigate mental and physical weakness;

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