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(영문) 인천지방법원 2018.05.09 2017고단9383

절도

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant had weak ability to discern things or make decisions due to intellectual disability, etc.

On September 30, 2017, around 00:58, the Defendant: (a) opened a back seat of the Feling Vehicle E (24 tax) located in the Seo-gu Incheon, Seo-gu Incheon Metropolitan City parking lot; and (b) stolen the Defendant’s clock of “tomast shock” in an amount equivalent to 300,000 won at the time during which the vehicle was located. The summary of the evidence is that the Defendant was stolen.

1. Statement by the defendant in court;

1. E statements;

1. A report on investigation (specific description of the suspect, arrest, investigation) and report on investigation;

1. Application of the statutes on delivery of documents;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime and reflects his mistake; and (b) the Defendant was physically and mentally weak at the time of the instant crime; and (c) the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime; and (d) the conditions for sentencing as indicated in the instant records and trial process, such as the circumstances after the instant crime.