beta
(영문) 서울중앙지방법원 2021.02.04 2020고단7650

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized No. 1 shall be returned to the victim B.

Reasons

Punishment of the crime

1. Larceny;

A. On October 19, 2020, around 03:44 October 19, 2020, the Defendant: (a) cut to 1,000 won per each market value, which is the victim’s possession that was kept under the upper part of the plate set up in the front part of Mart, 200; (b) but was placed under the top part of the victim B’s operation in Seocho-gu Seoul Metropolitan Government.

28 Interventions) They cut off.

B. On October 19, 2020, the Defendant found on Oct. 19, 2020, Ma

Singing up to 1,00 won per market value, which is the victim's possession, kept under the front of T, and has been placed under the supervision of T, and 2 stuffed coal gas (stuffed Park)

28 Interventions) They cut off.

2. No person who violates the Chemicals Control Act shall take in or inhale any chemical substance prescribed by Presidential Decree (hereinafter referred to as "hic substances"), which causes smoking, hallucination, or anesthesia, or possess any hallucinogenic substance for such purpose;

Nevertheless, at around 16:40 on October 22, 2020, the Defendant, at the Defendant’s residence located in Seocho-gu Esisiwon F, put the amount of butane gases in vinyl paper, which is a hallucinogenic substance that was stolen, as described in paragraph (1), into a vinyl paper, and dested them into the entrance and cocons and inhales the rest of the 96 coconsor gas.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of B’s written laws and regulations;

1. Relevant legal provisions of Article 329 of the Criminal Act, Article 59 subparagraph 6 of the Chemicals Control Act, and Article 22 (1) of the same Act (the intake of hallucinogenic substances and possession of them for inhaled), the selection of imprisonment for a crime;

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. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is the favorable circumstance that the defendant recognized the crime.

On the other hand, however, the defendant has a high number of records of punishment due to inhalement of hallucinogenic substances, which can be thiefed, and the hazard of hallucinogenic substances, the interval between the last inhaled crime and the last inhaled crime, and the age, sexual conduct, intelligence of the defendant.