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(영문) 광주지방법원 2013.12.26 2013고정1974

절도

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant has committed the following crimes under a state that the defendant lacks the ability to discern things or make decisions due to an on-site illness, etc.:

1. At around 17:40 on July 30, 2013, the Defendant: (a) opened a package in the shopping car site in the second floor store in Nam-gu, Nam-gu, Gwangju, by taking advantage of the gaps in which surveillance by the injured party E (36 years of age) was neglected; and (b) opened a package in the shopping car site, and then opened a package, and thereafter opened a package, approximately KRW 89,000 of the market price, approximately KRW 5,100 of the market price, approximately KRW 24,900 of the market price.

Two CDs and 119,00 won were stored and stolen in shopping bags.

2. On August 7, 2013, at the same place as indicated in paragraph (1) around 19:15, the Defendant, using the gaps in which the surveillance of the victim E (36 years of age) was neglected, thereby making use of approximately KRW 84,00 of the market price in the same manner as described in paragraph (1), a summary of approximately KRW 76,50 of the market price.

Doz. 173,00 won, including seven CDs, one debt amounting to approximately KRW 7,900 in the market price, and one knifeing type of approximately KRW 5,100 in the market price, were stored and stolen in shopping bags.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigative reports (related to the attachment of a detailed statement of damaged articles, unclaimed articles and photographs);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant stealss the victim's property on two occasions. However, the defendant is a primary offender who does not have any previous criminal records, and the amount of the damaged goods seems to exceed KRW 290,000 in total, but the damaged goods were recovered from the victim.