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Reasons
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(영문) 창원지방법원 2013.04.25 2013고합5
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

A seizure after seizure (No. 6) shall be confiscated.

Reasons

Punishment of the crime

On November 24, 2006, 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 in Busan District Court; on October 16, 2008, the Changwon District Court sentenced to four months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on December 9, 2008, the Busan District Court sentenced four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on October 21, 2012, there are eight previous cases

While the Defendant lacks the ability to discern things or make decisions due to his mental retardation, etc., the Defendant, from around 15:30 on December 18, 2012 to around 17:30 on December 17:30, 2012, opened a light door, which was parked in the front parking lot of the Sejong-si in the vicinity of the Sejong-si Special Measures District, and opened a door door, and then opened a seat door, the victim D’s market price of which was located in the front seat, is equivalent to KRW 50,00 won, KRW 1.50,00 won, KRW 1.50,00 won, KRW 50,00 won, KRW 50,00 won, KRW 50,000, KRW 100, KRW 100,000, KRW 100, KRW 100,000, KRW 41,41,000, KRW 12,212,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Written statements of D;

1. Investigation report (victim D telephone communications);

1. Statement of seizure by each police;

1. A mental appraisal report;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (attached to judgments, etc.);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the defendant committed each of the crimes of this case of the same kind repeatedly within the short time after being released from the military court, even though he/she had the same criminal records

1. Relevant provisions concerning facts constituting an offense;

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