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(영문) 서울중앙지방법원 2019.05.01 2018고합1131
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

[Criminal Power] The Defendant was sentenced to eight months of imprisonment with prison labor for habitual larceny at the Seoul Northern District Court on May 13, 2016, and on June 1, 2017, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on June 1, 2017, and completed the execution of the sentence at the original prison on July 1, 2018 and was sentenced to 13 times more.

【Criminal Facts】

The Defendant committed the following crimes under the lack of the ability to discern things or make decisions due to the increase of military wall, which is a military register due to the decline in impulse ability:

At around 16:15 on October 15, 2018, the Defendant: (a) committed a theft of the sum of KRW 222,000,000, in cash, and KRW 500,000, in total, from September 13, 2018 to November 3, 2018, the victim’s market price of KRW 10,000,000, including a lot department store store store gift certificates, to cut off the cresh of the victim’s cresh in which the victim’s d's cresh was put in surveillance due to his/her shoulder, and the victim’s crek around the shoulder, which had been put in his/her shoulder with his/her shoulder, was written on the list of offenses attached from around September 13, 2018 to November 3, 205; and (b) committed a theft of the victim’s property over the total amount of KRW 258,005,00.

As a result, the defendant was sentenced twice or more to habitually violate the Act on the Aggravated Punishment, etc. of Specific Crimes, and again stolen the victims' property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each statement of F, G and H;

1. Reports on internal investigation, and perusal of CCTV images that have occurred;

1. A photograph (No. 9, 11, 23, and 31 on the evidence list), video CDs, and CDs upon each CCTV course;

1. A previous conviction in judgment:

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