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(영문) 대전지방법원 2012.09.12 2012고단1479
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Costs of expert evidence among the costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

[criminal power] On August 11, 1989, the Defendant was sentenced to a suspended sentence of ten months for larceny, etc. at the Incheon District Court on May 29, 1992; on February 1, 2001, the Daejeon District Court sentenced to a suspended sentence of two years for larceny, etc.; on February 1, 2001, the Defendant was sentenced to a suspended sentence of two years for eight months for larceny, etc. at the same court on February 11, 2003; on December 26, 2008, the Defendant was sentenced to a suspended sentence of two years for ten months for larceny. On December 1, 201, the same court was sentenced to a suspended sentence of three years for one year for larceny, etc.

【Criminal Facts】

In a state that the Defendant lacks the ability or ability to make a decision on the mental disorder, such as brain disease and failure to make a statement due to the power failure and decline in impulse control capacity, etc., the Defendant lacks the ability to discern things from others:

1. On February 10, 2012, at around 15:00, the victim D’s house located in Daejeon Jung-gu Daejeon, Daejeon: (a) opened a small door with the victim’s knowledge of locking and leaving the entrance, and opened a door with the victim’s house, with the victim’s own market price of 680,000 won, which was inside and outside the door, and then cut off the victim’s house with one set of LG CD television of 680,000 won at the market price prepared in advance;

2. At around 13:00 on March 29, 2012, the victim FF house in Daejeon Jung-gu, Daejeon: (a) was aware of the fact that the entrance was locked and removed from the house, and the victim knew that there was no room inside the house; (b) opened a door up to the entrance, and embling the entrance into the room, one of Samsung Digital Television worth KRW 70,000 at the market price of the victim’s possession, which was in an open door, and was loaded in the room and then cut off, with the victim’s digital television worth KRW 770,000;

3. On April 24, 2012, around 19:38, in front of the “I” display place of the victim H operation in Daejeon-gu Daejeon-gu, Daejeon-gu, the victim and his employees used a bad gap in their business, thereby cutting down rice of 20 kmg from the market price of 47,000 won owned by the victim, which was kept in the display place by the victim and his employees.

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