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(영문) 서울북부지방법원 2015.01.15 2014고단3610

특정범죄가중처벌등에관한법률위반(절도)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim D, while lacking the ability to discern things or make decisions due to mental illness, such as shock disorder, etc., and committed the crime, around 10:07 on September 24, 2014, the Defendant was placed in the Defendant’s bank, which had two advance pages of the market price of the victim’s possession on the display stand by using an opportunity to neglect the surveillance of the victim, and stolen the goods by leaving two front days of the market price of the victim’s possession on the display stand.

2. The Defendant committed the crime against the victim G was under weak ability to distinguish things or make decisions due to mental illness such as shock disorder, etc., and around 10:19 on September 24, 2014, the Defendant placed the victim’s cash 13,00,00,00 won in cash owned by the victim who was under custody under his/her care, 4 head of Tong (Seoul Metropolitan City Saemaul Bank, Nonghyup Bank, Nonghyup Bank), 3, 3, 3, 7, 3, 7, 55, 100, and 13,00,000 won in cash owned by the victim who was under his/her care in order to respond to other customers, and entered the victim’s home with his/her seal impression as if he/she were to purchase rice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. Application of each statute on photographs;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.