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(영문) 대구지방법원 경주지원 2020.02.20 2020고정5
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 20:00 on May 22, 2019, the Defendant: (a) committed a theft of goods in total of KRW 127,850,850, total market value of the victims, including one disease, one disease, one string, three strings, one strings, two strings, and two strings, which are displayed there, by using a gap in the victim’s surveillance negligence; and (b) from that time, the Defendant was placed in a bank prepared for goods worth KRW 27,800,000 in advance, from that time until June 25, 2019, as shown in the list of crimes in attached Form 20:00.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Two copies of CCTV photographs;

1. In the investigation report (Attachment of DNA CCTV video recording) [the defendant and his defense counsel asserted to the effect that the defendant was in a state of mental and physical disability at the time of the crime of this case due to depression, etc., and therefore, the defendant seems to have suffered from depression, etc. at the time of the crime of this case. However, considering various circumstances such as the method of the crime of this case, the situation at the time of the crime of this case, the defendant's speech and behavior before and after the crime of this case, it cannot be seen that the defendant did not have the weak ability to discern things or make decisions at the time of the crime of this case, and thus,

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act for the crime (to select each fine, including each victim);

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

1. 300,000 won of a fine for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act: (a) the background and motive for the instant crime; (b) the scale of damage; (c) whether the damage was recovered (a total of 300,000 won for each victim); (d) the Defendant recognized and reflected the principal facts of the instant crime; and (c)

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