(영문) 서울중앙지방법원 2016.6.13.선고 2016고단1904 판결

On July 28, 1982, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny in Seoul Northern District Court; on July 19, 1983, the Seoul Eastern District Court sentenced eight months of imprisonment with prison labor for larceny; on May 6, 1987, the Incheon Southern District Court sentenced three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on May 19, 1989, three years of fine and three hundred thousand won of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on June 11, 1997; on May 28, 2004, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on June 11, 1997; on March 28, 2004, the Defendant was sentenced to five years of imprisonment with prison labor or more; on May 15, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (related to the verification of CCTV in a game room) and CCTV video data;

1. Previous records of judgment: Defendant's legal statements, criminal records, etc. inquiry reports, copies of each judgment, and current status of personal confinement;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Discretionary mitigation (Considering circumstances favorable to the accused, such as those considered below):

The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act had the record of having been sentenced to imprisonment, suspension of the execution of imprisonment, and fines several times for the same crime as the instant crime, and the instant crime was committed again during the period of provisional release after completion of the execution of the sentence.

However, the defendant's act of committing the crime of this case is against the defendant, and the crime of this case is committed against the attempted crime, the fact that the defendant suffers from disease, such as the fact that he was accompanied by the Gal ppuri disease certificate, the fact that he was accompanied by the Gal ppuri disease certificate, and other converging disability, and all of the sentencing conditions specified in the records of this case and the trial process, such as the motive and circumstance,