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(영문) 대전지방법원 천안지원 2016.04.20 2016고합25

절도

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 31,000 won.

Reasons

Criminal facts

In addition, there is a lack of ability to discern things or make decisions due to mental division of illness. The defendant is a person who lacks the ability to discern things or make decisions.

On August 20, 2015, the Defendant brought 2 bottled 3,800 won of the market price in the display stand by taking advantage of the differences in surveillance of the victim in Et operated by the victim D in Nam-gu, Nam-gu, Nam-gu, Namcheon-gu, Seoul.

From the above day to November 20:30 on November 12, 2015, Defendant thefted each of the damaged articles worth KRW 113,700, total market value over 12 times, as described in the list of crimes in the attached Form.

[Fact of the cause of the medical care and custody] A person who committed an offense identical to the criminal facts in the state that he/she has the ability to discern things or make decisions due to his/her mental division and committed a crime under the lack of the ability to discern things or make decisions due to his/her mental division and needs to undergo medical treatment at the facilities of the medical care and custody, and is in danger of recidivism.

Summary of Evidence

1. Statement of the defendant in the first trial protocol in the order of 2015 High Court Order 1980 Cases

1. Written statements of each victim of F, D, G, and H;

1. A photograph of each crime scene by capturing a CCTV image;

1. A mental appraisal report;

1. The need for treatment in the judgment and the risk of recidivism: The following circumstances, which can be recognized in accordance with the aforementioned evidence and investigation report (the confirmation of the content of summary indictment), i.e., the Defendant committed a crime recorded in the facts of the crime in the judgment of the Chinese Forest Corporation while driving his body, and the Defendant was issued a summary order of fines on several occasions by committing similar larceny crimes around that time. ② According to the above mental appraisal report, the Defendant suffered from the Cho Jae-gu who had shown mental symptoms, such as a non-cronological accident, unrealistic accident, pulmonary accident, and damage, and the Defendant appears to have shown such symptoms at the time of the instant crime, and in order to prevent recidivism in the future, it appears that this symptoms had occurred at the time of the instant crime.