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(영문) 수원지방법원 2017.03.22 2016고단6745
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 9, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon Branch of the Seoul Southern District Court on August 10, 2012; imprisonment with prison labor for larceny, etc. at the Seoul Southern Branch of the Seoul Southern District Court on August 29, 2012; imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon Branch of the Republic of Korea on August 29, 2013; imprisonment with prison labor for a year from the Suwon Branch of the Suwon Branch of the Republic of Korea on June 25, 2015; and the execution of the sentence was completed at the 1st intersection of the North Korean Branch of the North Korean Branch of the Republic of Korea on October 10, 2016.

[2] On October 29, 2016, around 02:20, the Defendant discovered the key of the victim E’s goods storage box in his/her hand and deducted the key from the victim’s key, and then taken out the cash 145,000 won and a new card, which is the victim’s possession, from the wall where the victim’s goods were kept by using the said key.

They go back.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A E-document;

1. Photographs of damaged articles, on-site photographs, and investigation reports (related to the specification of the amount of damage);

1. Previous convictions indicated in judgment: Investigation report (verification of the fact during the period of repeated crime) and replys to inquiries, such as criminal history, shall be applied by statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 35 of the Criminal Act concerning the crime committed;

1. Determination of the assertion of mental disorder under Articles 53 and 55(1)3 (Confession and reflect) of the Criminal Act to reduce the amount of a small amount, the Defendant was suffering from mental illness due to the influence of pin administered in large quantities during video treatment in the past, and thus, the Defendant was in a state of mental disorder that could not control and control his act at the time of committing the instant crime.

However, each of the above evidences and the court's official care and custody center are discussed.

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