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(영문) 청주지방법원 2018.11.30 2018고합153
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

In addition, part of the facts charged and the facts of the reason for the custody application are revised in accordance with the relation of evidence to the extent that it does not actually disadvantage the defendant's defense right.

Criminal facts

[2] On February 13, 2009, the Defendant was sentenced to two years of imprisonment and medical care and custody for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon High Court, and on June 24, 2011, sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on June 24, 201, and on June 2, 2016, the Defendant was sentenced to two years and six months of imprisonment for the same crime at the same court and completed the execution of the sentence on August 3, 2018.

[2] The Defendant: (a) habitually entered the cosmetics shop B B B Cheongju, around August 6, 2018, in a state that he had the ability to discern things or make decisions due to tide, etc.; and (b) took 5,000 won paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper

L. A. L. theft was committed.

As a result, the defendant was sentenced to two or more penalties due to habitual larceny, etc., and has committed the larceny again within three years after the execution of the sentence is completed.

The Defendant is a person who commits a crime of violation (thief) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which constitutes imprisonment without prison labor or heavier punishment under a state of mental or physical weakness and needs to receive medical treatment at the treatment and custody facility, and is in danger

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Seizure records;

1. A mental appraisal report;

1. A report on the arrest of the case and an internal investigation;

1. Previous convictions: A written inquiry about criminal history, investigation report (verification of criminal records of the same kind of crime as the suspect), each judgment, and current status of personal confinement;

1. Habituality of the judgment: The admission of dampness is made in the light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment; and

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