절도
A defendant shall be punished by imprisonment with prison labor for four months.
Criminal facts
[2019 Highest 4299] On September 12 and 25, 2019, the Defendant, at around 12:25, 2019, posted the victim’s “Datt” working for the victim C in Gangnam-gu Seoul Northern District B and the first underground level, and stolen the victim’s cret in a display stand, which is equivalent to the total market price of KRW 46,560, which was located in the display stand.
[200 Godan361] On January 9, 2020, the Defendant, at around 10:45, 2020, placed the victim E in the Seoul Northern-gu B and the 1st underground floor with the victim’s negligence in surveillance, was stolen by putting the gap in the display stand in the total of 11,700 won in the market price where the victim was placed in the display stand.
Summary of Evidence
[2019 Highest 4299]
1. Defendant's legal statement;
1. C’s statement;
1. A report on investigation (Attachment toCCTV), -CCTV CD;
1. Receipts:
1. Photographs of damaged articles (2020 order361);
1. Defendant's legal statement;
1. E statements;
1. A investigation report (CCTV image photograph);
1. A investigative report (STV image verification);
1. Receipt of goods stolen by the suspect at the time;
1. Application of Acts and subordinate statutes to photograph stolen articles by a suspect;
1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;
1. From among concurrent offenders, the Defendant, with reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, has been punished several times for the same kind of crime, and accordingly, the Defendant again committed the instant crime during or immediately after the suspended execution period.
In July 2015, after the business failure, the defendant was diagnosed as a theft wall, sulve, and sulphical disorder, but it is inevitable to sentence imprisonment with prison labor due to the risk of recidivism.
However, the above mental illness of the defendant seems to have affected the crime of this case in a certain part, the damage was fully returned, the defendant's reply and reflects to the crime of this case, and the age, character and conduct and environment of the defendant, motive and background of the crime, and after the crime.