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(영문) 서울남부지방법원 2016.12.15 2016고단4689

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person with a physical disability, who lacks the ability to discern things or make decisions.

[2016 Highest 4689] On July 30, 2016, the Defendant moved 130,000 won in cash owned by the victim from the wall of the victim, who was holding a string door door that was parked by the victim D in front of Yangcheon-gu Seoul Metropolitan City, and kept articles in the vehicle.

Accordingly, the defendant stolen the victim's property.

[2016 Highest 5320]

1. On August 30, 2016, the Defendant: around 13:13, 2016, brought the family nine apartment complex apartment 905 apartment 234 (Gayangdong) parked by the victim F in the G-si parking lot located in Gangseo-gu Seoul Metropolitan City, Gangseo-gu, 2016, and removed the passenger seat 20,000 won, which is the market value owned by the victim, in his/her hand.

Accordingly, the defendant damaged the property owned by the victim.

2. At around 22:05 on the same day, the Defendant taken 15,000 won in cash owned by the victim, who was parked by the victim F in the same place and kept goods inside the vehicle.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

[2016 Highest 4689]

1. Written statements of D;

1. On-site photographs;

1. A report on investigation (a CCTV investigation taken for crime prevention against a brush);

1. Investigation reports ( CCTV investigations).

1. Investigation report ( CCTV investigation into access roads);

1. Investigation report (Attachment of CCTV image data);

1. F's statement of the police;

1. Photographs of damaged parts of the property damage;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of CCTV at the site of occurrence and storage of video CDs, and attachment of records);

1. Relevant legal provisions concerning facts constituting an offense and the larceny of each of the directors elected to impose punishment: Article 329 of the Criminal Act (Selection of Fine) provides for the following: Article 36 of the Criminal Act: Article 366 (Selection of Fine);

1. Mitigation of mental disorders and injuries under Articles 10 (2) and 55 (1) 6 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are the most severe punishment and punishment.