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(영문) 수원지방법원 2017.08.09 2016고정2903

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 May 17, 2016, at around 16:42, the Defendant discovered one cell phone of 60,000 won in the market price that the victim E received from the victim E in the imposition of the third floor of the Yeongdeungpo-gu Office building C, Suwon-si, Suwon-si, and then cut off by putting it into the bank where the Defendant brought about the gap where the surrounding surveillance was neglected.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of victims of E;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site CCTVs;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel were in a state of mental and physical weakness due to mental illness at the time of committing the instant crime

As such, according to the records, the defendant was hospitalized in a mental department from around 2011 to repeated medical treatment, and the defendant was diagnosed by a stimulative disorder, etc. in around 2014. However, in full view of the background and method of the crime of this case recognized by each evidence of the judgment, the circumstances after the crime, and the defendant's attitude and words in this court, the defendant was in a state of mental and physical weakness due to mental illness at the time of each crime.

As the defendant and his defense counsel are not recognized, the above argument shall not be accepted.