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(영문) 서울북부지방법원 2017.05.10 2017고단786

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant was working in the city border of “D internal clinic” located in Gangnam-gu Seoul Metropolitan Government, and was willing to steal and administer propool, which is a native mental medicine stored therein, while working as a nursing assistant in the office.

1. A thief: (a) around 14:00 on October 21, 2016, the Defendant took away, without permission, a propool 10CC 1 Co., Ltd. equivalent to KRW 1,700, the market price of the victim’s possession, which is kept in a simplified credit cooperative in the above member’s inner police room operated by the victim E.

In addition, from around that time to October 31, 2016, the total market price of 15,300 won, which is the victim's ownership, was stolen by the same method nine times, such as the statement in the list of crimes.

2. Around 14:00 on October 21, 2016, the Defendant: (a) administered proton 10CC, which was stolen using a single-use injection device, in the above parliamentary toilet; (b) around that time, from around October 31, 2016 to around October 31, 2016, he administered propool in the same manner nine times, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of statutes to a response to a request for appraisal;

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and Article 329 of the Criminal Act, Article 61 (1) 5, and Article 4 (1) 1 and subparagraph 3 (d) of Article 2 of the Act on the Control of Narcotics, Etc.;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that there is no criminal record against the defendant, the victim E does not want the punishment of the defendant, repeated crimes in a short period, the age, sex, intelligence and environment of the defendant, and the victim.