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(영문) 부산지방법원 2021.03.25 2020고단3261

절도

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to a recurrence of disability, etc.

1. On March 28, 2020, the Defendant: (a) committed a crime on March 28, 2020, on March 20, 2020, committed “the relief clothes point” without a trade name operated by the victim C and D, which was located in Busan Jung-gu, Busan, and the victim’s joint operation; and (b) committed a theft by taking advantage of a gap in the victim’s surveillance, the victim’s possession of the victims, such as Titts, south banks, and booms, which amount to KRW 113,00,000 in total.

2. Around 18:30 on March 29, 2020, the Defendant, who committed the crime of March 29, 2020, stolen goods worth KRW 94,000 in total market price, such as Titrts, sand, sports paintings, booms, and bags, owned by the victims in the same manner at the same place as above.

3. Around April 9, 2020, the Defendant committed a crime on April 9, 2020: (a) committed a theft by having three women, who own victims, in the same manner in the same place as above, at the same time, at around April 17:30.

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. Application of Acts and subordinate statutes of the D and C’s investigation report (as to attachment of photographs), investigation report (as to CCTV image analysis and attachment of data), police seizure report (voluntary submission), list of seized objects (as to attachment of seized objects), and opinion on the list of seized objects;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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 70 (1) and Article 69 (2) of the Criminal Act on confinement in a workhouse (where a sentence of suspension of execution becomes void or revoked and a defendant fails to pay a fine);

1. Although the Defendant had been sentenced to a fine for the same kind of crime since 2015, the Defendant committed each of the instant crimes.

However, the defendant is deemed to have committed each of the crimes of this case in the state of mental or physical weakness due to a disability, etc. that causes a recurrence.