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(영문) 인천지방법원 2020.11.12 2020고단3621
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has the weak ability to discern things or make decisions due to editing or modern illness, etc.

On April 20, 2020, around 14:00, the Defendant prepared to put the amount of 119,000 won at the market price managed by the victim who is placed in the “D” display stand at the event site where the victim C works in the department store in Michuhol-gu Incheon, Incheon department store, and then prepared to put the amount of 119,00 won at the B department store shopping bags.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness and injury [it is reasonable to deem that the Defendant was in a state that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, in full view of the following: (a) the Defendant was diagnosed several times of editing and maternity disease, etc.; (b) was hospitalized for treatment of the above editing and maternity disease, etc. for 92 days from April 23, 2020 to July 23, 2020 immediately after the instant case; (c) the background and circumstances of the instant crime; (d) the details of probation against the Defendant; and (e) the details of the previous judgment, etc.

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order include: (a) the Defendant committed the instant crime during the period during which the Defendant was subject to the suspended sentence due to larceny, and the responsibility for the instant crime is not weak; (b) on the other hand, the Defendant committed the instant crime in a state of mental disorder due to mental illness; (c) the Defendant appears to reflect it; (d) the Defendant agreed with the victim; and (e) the amount of damage is a relatively small amount; and (c)

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