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(영문) 광주지방법원 2013.08.29 2013고합151
특정범죄가중처벌등에관한법률위반(절도)
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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

On January 13, 2006, the Defendant was sentenced to one year and six months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and one year and six months from the Gwangju District Court on November 22, 2007, respectively.

In addition, on February 2, 2010, the Defendant was sentenced to three years of imprisonment for violating the Act on Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court, and completed the execution of the sentence on December 3, 2012.

The Defendant had weak ability to discern things or make decisions due to the “psychological handicap”.

On March 13, 2013, at around 12:58, the Defendant was habitually aware of, and attempted to, the victim D, located in the second floor of the Seoul Northern-gu building C, Gwangju, and opened an unlocked window and found stolen objects in the small bank and the ward.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. On-site photographs;

1. Notification of the result of mental appraisal;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Evidence List No. 8), court rulings such as 209Gohap473, and the current status of personal water saving;

1. Habituality: The application of the statutes to the effect that the Defendant had been punished several times for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the first head written in the judgment, and that the Defendant committed the instant crime under several similar methods during the period of repeated crimes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 342 and 329 of the Criminal Act concerning the crime;

1. Article 35 and the proviso to Article 42 of the Criminal Act among repeated crimes [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on December 3, 2012]

1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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