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(영문) 서울중앙지방법원 2015.07.16 2015재고단71
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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. Articles 332 and 329 of the Criminal Act applicable to the facts constituting an offense (generality of imprisonment and choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is likely to be criticized in that the defendant repeats a crime even though he/she had been punished several times as the same crime.

However, considering the fact that there is no significant damage to the victims' property, the fact that the defendant is old and the defendant needs medical treatment due to mental illness, and the defendant's wife and children are working to prevent the recidivism of the defendant, the punishment is determined like the order.

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