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(영문) 의정부지방법원 2017.05.19 2016고단5157

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to make decisions due to shocking of military register.

around 18:50 on November 21, 2016, the Defendant: (a) laid down an object in the “Zet” managed by the victim Y located in the Y located in the Y located in the Y located in the Y, thereby neglecting surveillance; (b) put the gap in the market price of the victim Y located in the 97,500 won in the aggregate of the market price, as shown in the list of crimes in the attached Form, 2, etc., of which the market price is KRW 97,500, as shown in the list of crimes.

On July 24, 2016, the Defendant, at around 19:20 on July 24, 2016, loaded and stolen foodstuffs, household items, etc. equivalent to KRW 621,173, in the aggregate of the market prices in AC operated by the victim AB in Dongducheon-si, Dongducheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against AD;

1. AE statements;

1. Photographs of the contents, the scene of the case, and the photograph of the damaged article;

1. A criminal investigation report (including submission of a copy of medical records), a criminal investigation report (a medical certificate related to a suspect's illness and a result of mental appraisal attached, etc.);

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and identifications) and statutes;

1. Relevant Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the facts constituting the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending] Class 2 of the Act on the thief for the thief for general property [the scope of recommending]. In the special mitigation area (two months to ten months), mental and physical weakness (no person in a special mitigation), non-prosecution [the decision of sentence] and unfavorable circumstances: Five times before and after the thief for the thief, one time before and after the suspended sentence among the thief for the thief, one time after the thief for the thief, and another thief for the thief committed in the Seoul Northern District Court and the Seoul East District Court, Seoul District Court, while continuing to commit the thief for the thief: reflectivity, interference with shock by the thief for the military register,