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(영문) 서울남부지방법원 2015.10.08 2015고단3552
상습절도
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

[Criminal Power, etc.] The Defendant was sentenced to a short term of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Youngcheon District Court’s Young-gu Branch on August 21, 2002, and was sentenced to a imprisonment with prison labor for larceny, etc. on November 23, 2004 at the Suwon District Court’s Sejong District Court’s Pyeongtaek District Court on November 23, 2004. On December 29, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court’s Seoul Southern District Court on December 29, 2008. On September 28, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

When the Defendant lacks the ability to make a decision due to intellectual disorder of about 58 degrees of intelligence index, the Defendant intruded into the house of the victim D, which was located in Guro-gu Seoul Metropolitan Government C and 203 on August 2, 2015 through open entrances around 03:0, and entered the house as a collection method, and entered the house and made 400,000 won of the market price owned by the victim, which is equivalent to 100,000 won of the market price of the victim, using the crebs in which the victim was locked, one, one passport, two cards, one head of Tong, one passbook, one cash, 47,00 won, etc. from the market price, as shown in the attached list of crimes until August 18, 2015, and the Defendant did not commit theft and theft with the victim's money and valuables over 13 occasions, or did not commit so.

As a result, the defendant had failed to make decisions due to intellectual disability, he attempted to steals the victims' property or to steals property habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the E, F, and G;

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

1. Police seizure records;

1. A medical certificate and a psychological and evaluation report;

1. Previous convictions in judgment: criminal records and references;

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