beta
(영문) 서울서부지방법원 2020.01.08 2019고정799

절도

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In a state where the Defendant lacks the ability to discern things or make decisions due to cerebral alle disorder, the Defendant stolen the victim C with a studio studio at around May 22:3, 2019, using the gap in the front of the building B in Eunpyeong-gu Seoul Metropolitan Government, where the victim C left the place, using the gap in which the victim C left the place.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to report on internal accidents (the CCTV verification at the scene of occurrence);

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the following: (a) the defendant committed a crime; (b) the amount of damage was not large and the damage was recovered; (c) the victim does not want the punishment of the defendant; (d) the 1st degree disability of the brain disease exists; and (e) the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (e)