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(영문) 수원지방법원 평택지원 2015.04.03 2015고단125

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant was in a state of weak ability to discern things or make decisions due to mental illness such as dementia and water quality.

"2015 Highest 125"

1. On September 23, 2014, at around 15:36, the Defendant entered a cafeteria located in Pyeongtaek-si M, and then stolen it by putting 1.3 million won in cash owned by the victim under his/her supervision, resident registration certificates, credit card cards, two pages, etc., of the market price in which one was prepared in advance.

2. On October 19, 2014, around 15:30 on October 15, 2014, the Defendant entered Q restaurant in Pyeongtaek-si P, via open back doors, and the Defendant stolen the Defendant, holding a victim R’s cash of KRW 7.50,000, which was located in the main room, one of the unsatisfies in the market price.

around 10:20 on January 22, 2015, the Defendant cut off one cell phone consisting of 100,000 won in cash owned by the victim, which had been placed under his/her supervision, in a restaurant operated by the victim T-Operation of Ansan-si, and one cell phone consisting of 10,000 won in the market value.

Summary of Evidence

[2015 Highest 125]

1. Defendant's legal statement;

1. A written statement of theO and R;

1. Each investigation report (investigation into CCTVs at the site and append photographs of CCTV evidence).

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes to photograph on-site photographs and CCTV closures;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant recognized the facts charged in this case, and that the defendant's health is not good due to disease such as the current liverness and dementia may be considered in light of the circumstances favorable to the defendant. However, the defendant's mistake is like the same.