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(영문) 대전지방법원 2015.06.10 2015고단1045

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 11:50 on February 9, 2015, the Defendant takes a bath by having the clothes key from a bath to a bath in the victim E in a bath room.

The key of the victim was replaced by another key, and the victim's key was opened at 14,00 won in cash 2,45,000 won in the victim's possession, resident registration certificate, driver's license, and physical card of the national bank, which contain 3,50,000 won in the market.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs description, photograph description (D inside CCTV), and photograph description (CCTV moving channel);

1. Application of investigation reports (a suspect, etc. adhered toCCTV), investigation reports (matters concerning correction of the amount of damage), investigation reports (the location of a stolen clothes and the location of a stolen and stolen bank when inserted in other clothes) Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion on probation and community service order Article 62-2 of the Criminal Act, and the defense counsel asserted that the defendant suffered from mental illness such as depression, survey disorder, and mental fluence until now, and that the defendant was suffering from mental illness at the time of committing the crime of this case without a dual judgment, and that the crime of this case was committed under the state of mental disorder.

According to the records, the defendant is deemed to have received treatment of mental illness, but in light of the shape of the defendant at the time of committing the crime of this case known through CCTV images, etc., he did not have the ability or decision-making ability of the defendant at the time of committing the crime.

The above assertion by the defendant and his defense counsel cannot be seen as being in a state or weak condition.