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(영문) 대전지방법원 2016.11.10 2016고정1141

절도

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 2, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special assault at the Daejeon District Court on September 2, 2016 and became final and conclusive on September 30, 2016.

On May 16, 2016, at around 10:20, the Defendant: (a) as a customer of the Daejeon Middle-gu and the second floor C Hospital, and (b) as a victim’s D for medical treatment, the Defendant 10,000 won in cash was stolen from the victim’s wall that he / she was seated on the sofa, with the victim’s sofacing sofac that he/she was seated.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. Analysis of CCTV images;

1. Previous records of judgment: A inquiry report on criminal records, etc., report on previous records of disposition, confirmation, and application of Acts and subordinate statutes of judgment;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that at the time of the instant crime, the Defendant was in a state of mental disorder or mental disorder due to stimulative disorder, etc., the records show that the Defendant suffered from mental disorder, such as stimulative disorder, light disorder, etc., but the Defendant did not have the ability to discern things or make decisions due to the occurrence of the instant crime in light of all circumstances, such as the circumstances of the crime, the details of the crime, and the Defendant’s act after the crime.

Since it cannot be deemed that there was a state or weak, the above assertion is rejected.

It is so decided as per Disposition for the above reasons.