beta
(영문) 춘천지방법원 강릉지원 2019.03.08 2018고단1315

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person with a intellectual disability second degree, and the victim B is a person with a intellectual disability third degree, who was hospitalized in the past mental hospital.

At around 00:00 on December 11, 2018, the Defendant confirmed that he had money on the part of the victim, while drinking alcohol and drinking in the room room with the victim after drinking alcohol, and carried 50,000 won in cash out of the room.

At around 00:05 on the same day, the Defendant thought that he will take money more than 00:05, and entered the room of the next victim, and 258,000 won in cash was taken out of the room.

As a result, the Defendant stolen total of KRW 308,000, which is the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 329 (Options of Imprisonment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the agreed points with the victim);

1. Probation under Article 62-2 of the Criminal Act;