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(영문) 수원지방법원 2016.05.17 2015재고합58
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Criminal facts

[criminal records] On August 14, 1996, the defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on April 7, 1998; imprisonment with prison labor for night-time structure intrusion larceny at the Seoul Central District Court on April 7, 1998; imprisonment with prison labor for more than one year and six months; and imprisonment with prison labor for more than ten months at the Seoul Central District Court on September 8, 200.

[2] On July 12, 2001, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on July 12, 2001, for one year and six months, and one year and six months, and one year and six months, respectively, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on April 2, 2003. On November 4, 2004, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on February 9, 2007 and completed the execution of the sentence on January 17, 2010.

Around February 4, 2010, when the Defendant habitually lacks the ability or decision-making capacity to discern things due to an ambiguous mental disorder, such as a sulpha, a sulpha, and a shock disorder, etc. on February 4, 2010, the Defendant entered the diagnosis room through the opening door, which was opened at the first floor of the D Hospital in Suwon-gu, Suwon-si, and the 7 diagnosis room in order to steal an object. The Defendant attempted to take out one cM female wall at the location of the victim E, the market price of which was 250,000 won, and cM female wall at the location of the above hospital, was discovered to F, a doctor of the above hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, H, and F;

1. Police investigation reports (including the details, etc. of taking over flagrant offenders) and prosecutorial investigation reports (including attachment of photographs inside the first floor and seven diagnosis rooms of the D hospital);

1. Photographs;

1. Previous convictions: Inquiry into criminal history data, a copy of each judgment, and a report on investigation by the prosecution (the date of release, etc.);

1. Habituality of judgment: the theft of several methods similar to this case, as described in the facts constituting the crime in the judgment of the accused.

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