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(영문) 대구지방법원 서부지원 2019.05.16 2018고정80

절도

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 14, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny in the Western District Court Branch of the Daegu District Court for one year and six months, and the judgment became final and conclusive on February 15, 2019.

The defendant is a person who suffers from intellectual disability of grade 2.

1. On December 14, 2017, the Defendant: (a) entered the “E” operated by the victim D (E, 24 years of age) with an underground shopping mall in Daegu-gu, Seo-gu, Seo-gu, B, and C, and asked the employee to wear the ear instead of wearing the ear, because he/she cannot prevent him/her from returning home.

While an employee wears ear, the Defendant stolen a pair of crebs equivalent to KRW 109,00 at the market price of the other victim’s possession by inserting it to the right hand on the right hand.

2. On December 16, 2017, the Defendant entered the same place as above 16:44 on December 16, 2017, and then asked the victim of the e-mail exhibited.

In order to calculate the price of the victim's ew, the Defendant stolen a pair of ews that are less than 211,000 won in market price of other victim's possession by inserting it into the right hand to the right hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (with respect to the non-collection of damaged goods), photographs taken of CCTV image data, internal investigation reports (with respect to the posting of damaged goods), internal investigation reports (with respect to the posting of CCTV image data), internal investigation reports (with respect to the verification ofCCTV image data), and internal investigation reports (with respect to the re-verification ofCCTV image data);

1. Previous convictions in judgment: Status of investigation (related to concurrent crimes under the latter part of Article 37 of the Criminal Act of the defendant A), two copies of the judgment, and application of statutes of a list of related cases;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the applicable criminal facts and the choice of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.