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(영문) 서울중앙지방법원 2014.09.24 2014고단4536
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On July 18, 2002, the Defendant was sentenced to a suspended sentence of 2 years to 8 months of imprisonment for larceny, 3 years of the suspended sentence to 10 months of imprisonment for larceny, etc. at the Seoul Central District Court on January 12, 2006, and 10 million won at the Incheon District Court on September 20, 2007, respectively. On May 27, 2011, the Defendant was sentenced to a suspended sentence of 2 years of imprisonment for larceny at the Seoul Central District Court for 10 months of the suspended sentence, and was sentenced to a suspended sentence of 10 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on September 25, 2012, and the said suspended sentence became final and conclusive on November 30, 2012, and the execution of each of the said sentence was terminated by a prison on December 7, 2013.

In a state that the Defendant lacks the ability to discern things or make decisions due to mental illness caused by the depression of a severe depression, the Defendant has a weak capacity to discern things or make decisions:

A. At around 13:00 on June 25, 2014, the victim under his/her name was found to have 1,520 won in cash prior to the exit of the D Station No. 5 of the Seoul Jung-gu Seoul Jung-gu, and without following necessary procedures, he/she embezzled the property that he/she had on his/her own idea and has left the possession of the victim, without following necessary procedures, such as returning the victim’s personal information to the victim;

B. At around 13:55 on June 25, 2014, Franchis in Jung-gu, Seoul, found that there was a concern for the victim G, who had been satisfing clothes in front of the clothes store in the first floor of the underground floor, and accessed by side, 50,000 won, cash, 50,000 won, check card, and one resident registration certificate, in which one resident registration certificate is included, cut off another’s property habitually.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An investigation report (Nos. 4 and 5 of evidence list);

1. Seizure records;

1. Previous convictions in judgment: Inquiry references, such as criminal records, and investigation reports (Evidence Nos. 16);

1. Habituality in the holding: Each judgment.

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