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서울중앙지방법원 2013.12.20 2013고단5572

특정범죄가중처벌등에관한법률위반(절도)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On December 22, 2006, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Central District Court on December 22, 2006 and had the same record of 13 times.

2. Criminal facts, in a situation where mental illness, such as a mental fission, causes a mental disorder, and lacks the ability to discern things or make decisions, the Defendant habitually stolen them by means of clothes, etc. equivalent to KRW 2,614,00,00, in total from that date to August 11, 2013, using the gap in the sales stand of D 1st floor events located in Yongsan-gu Seoul Metropolitan Government, where the victim E was in a sales stand by taking advantage of the gap in the management of other customers, and by using the gap in the management of the victim E, one of the F-type documents at the market price managed by the victim in the sales stand, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on G, H, I, J, K, L, E, M, N,O, Q, and R;

1. Each written statement of S and T;

1. Seizure records;

1. Each investigation report and internal investigation report;

1. Images of thefted objects;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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

1. Mitigation of mental illness and injury (in full view of the Defendant’s medical history, motive for the instant crime, details of the crime, and words and behavior before and after the crime, it is difficult to recognize that the Defendant was in a state of loss of the Defendant’s ability to discern things or make decisions at the time of the instant crime in light of the circumstances mentioned earlier, etc., in light of Articles 10(2) and 55(1)3 of the Criminal Act

1. The defendant is aged, and the defendant is in a state of mental disability.