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(영문) 서울서부지방법원 2020.08.27 2020고정547

절도

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant, in light of the lack of the ability to discern things or make decisions due to military register walls, editing and modern illness, committed a theft of another’s property by putting one of the 19,800 won of the market price into the main money by taking advantage of the gaps in which surveillance of the victim D(33 years of age) was neglected in the first floor C store in Eunpyeong-gu Seoul Metropolitan Government B department store, on January 26, 2020. < Amended by Presidential Decree No. 22034, Jan. 26, 2020>

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes of each internal investigation and investigation report (No. 6,7,8)

1. Relevant Article 329 of the Criminal Act and Selection of Punishment for the Crime. Article 329 (Selection of Fine)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the other hand, the fact that the amount of damage is relatively small and the victim is not compensated for damage, and the victim is continuously receiving mental treatment for treatment such as military register barriers, etc. is constantly being given considering various sentencing conditions, such as the defendant's age, character and conduct, environment, criminal records, and circumstances after committing the crime, etc., which are highly likely to have been punished for the same thief for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act, the period of repeated crime and the crime committed during trial on other larceny.