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(영문) 광주지방법원 2020.11.12 2020고단2895

절도미수등

Text

A defendant shall be punished by imprisonment for six 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

[Criminal power and mental and physical disability] On October 16, 2020, the Defendant was sentenced to a suspended sentence of two years on April by indecent act at the Seoul East Eastern District Court sentenced to a suspended sentence of two years on October 24, 202.

The defendant committed the following crimes under the status that he or she lacks the ability to discern things or make decisions due to the interpolartic and mental disorder, etc.

[205] On May 29, 2020, the Defendant, at around 15:30 on May 29, 2020, separated the main body of the computer equivalent to 400,000 won at the market price of the victim D owned by the victim, who was installed in the seat No. 8 using the gaps in the management of employees, and carried it out with him. However, the Defendant did not commit the crime by reporting the employees at the entrance of the PC, with the main body on the floor of the PC.

[200 high group 4624] The Defendant, around 11:00 on May 20, 2020, stolen the property amounting to 503,600 won in total over 12 times from around that time until December 16:34 of the same month, as shown in the annexed crime list, in the clothes store “G” operated by the victim F, located in Gwangju-gu E, Gwangju-gu, where employees had neglected to monitor, brought about a gap of 12,200 won in the market price.

Summary of Evidence

[200 Highest 2895]

1. Defendant's legal statement;

1. Written statements of D;

1. To cut CCTV images (2020 order 4624);

1. Defendant's legal statement;

1. Each statement of H, I, J, K, L, M,O, P, Q, and F;

1. Records of seizure and the list of seizure;

1. Certificates of acceptance of each article and certificates of acceptance of each damaged article;

1. Related photographs, damaged photographs, and CCTV images;

1. Each investigation report (limited to criminal records on the market);

1. Reference letters, written judgments, and application of statutes significantly true to this court;

1. Relevant legal provisions concerning criminal facts, Articles 342 and 329 of the Criminal Act that choose a punishment, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes