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(영문) 부산지방법원 2018.05.03 2017고정2443

절도

Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at around August 1, 2017, left 64,400 won in the market price where the victim E (the age of 46) was displayed in Busan Jin-gu, Busan, on the following grounds: (a) female clothes, which were operated by the victim E (the age of 46) around August 1, 2017, under the state that the Defendant was unable to distinguish things or make decisions due to the symptoms of the mental fission such as Cho Jin-gu, and the existence of alcohol occurring; and (b) around August 14, 2017, the Defendant got off 1 female tabless equivalent to 64,400 won in the market price where the victim’s surveillance was neglected.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. E statements;

1. Application of the investigation report (2) Acts and subordinate statutes;

1. Relevant laws and Articles 329 (Punishment of Punishment) of the Criminal Act concerning facts constituting a crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. In full view of the following: (a) although the Defendant committed the instant crime under the mental and physical weakness of the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant committed the instant crime under the influence of physical and mental weakness, the amount of damage is insignificant and the amount of damage is deemed to have been repaid; and (b) the Defendant recognized and reflected the fact of the crime; (c) the Defendant has the history of fine of the same kind before 10 years; (d) the background, means and methods of the instant crime; (e) the circumstances after the instant crime was committed; and (e) the Defendant’s age, character and conduct environment, etc., as indicated in the instant records and arguments, the sentence