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광주지방법원 2016.01.20 2015고단4422

절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in a state that he has a weak ability to discern things or make decisions due to early illness.

1. On October 22, 2015, the Defendant: around 18:40 on October 22, 2015, the Defendant committed theft with a alphal-wave smartphone equivalent to KRW 600,00 in the victim’s market value on which the victim C was at the access room of the Mine University Library located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and 20 on October 22, 2015.

2. On October 26, 2015, the Defendant stolen the victim’s thief, with a cash of KRW 106,000,00 in cash located in the victim’s wall room located in Jongno-gu Seoul Jongno-ro, Jongno-gu, 25-2, around October 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, E, and C;

1. Application of the photographic Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: (a) the defendant repents the defendant's mistake; (b) the degree of damage is minor; (c) the damaged goods are returned to all the victims; and (d) the mental disorder of the defendant seems to have considerable influence on the crime of this case; (b) the defendant was sentenced or notified several times, including this case; (c) the defendant committed the crime of this case while he was prosecuted and tried in the relevant case; and (d) the defendant seems to need continuous supervision over the defendant, including the disadvantageous circumstances, including the defendant's age, family relation, environment, circumstances, the background and contents of the crime of this case; and (e) the circumstances after the crime of this case, etc. are considered as ordered in the sentencing guidelines (4 months to 10 months).