beta
(영문) 수원지방법원 2013.05.30 2013노973

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. From 200 to 2012, the Defendant was punished by a fine or imprisonment with prison labor due to the crime of larceny or habitual larceny each year, and the crime of this case is recognized to have committed the crime of this case, but all stolen goods were returned to the victim. The amount of the stolen goods was not so significant, the victim was not punished, and the Defendant continued to receive mental treatment from 1987 with depression. However, even though he was diagnosed as a shock disorder in around 2004 (in particular, there are symptoms that stolen goods are stolen by shock), the Defendant was diagnosed as a shock disorder (in particular, according to the physiological cycle), and received hospital treatment several times during the period of the crime of this case. After the crime of this case, the Defendant was trying to treat his own disease, such as receiving a punishment to prevent the recurrence of the long-term tension symptoms of the Defendant’s family members, and the Defendant’s family members also have been able to provide medical treatment, and the Defendant has never attempted to commit the crime of this case by taking full account of the following circumstances, including the motive and circumstances of the Defendant’s suicide.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(However, in the judgment of the court below, the phrase “criminal facts” is obvious that “1kg of glutinous rice equivalent to 69,940 won at the market price is a glutinous rice and other display goods equivalent to 69,940 won at the market price.” As such, it is corrected as ex officio correction in accordance with Article 25(1) of the Regulations on Criminal Procedure.