2015 Highly 1589 thief

A

The transfer fever (prosecution, acting on behalf of the public prosecutor), Kim Jong-tae (Trial)

Attorney B (Korean National Assembly)

June 30, 2016

Defendant shall be punished by a fine of KRW 500,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On October 30, 2015, at around 18:10 on July 30, 2015, the Defendant stolen four sublime sublime worth worth 10,000 won in the market value of the victim owned by the victim D, which was cultivated by Sejong Special Self-Governing City C, by taking advantage of the gaps in around the sublime orchard cultivated by the victim D.

Summary of Evidence

1. Legal statement of witness D;

1. Images of CDs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

The Defendant and his defense counsel asserts that the Defendant suffered dementia and was in the state of mental or physical disability or mental state. Although the fact that the Defendant was suffering from dementia is recognized, in light of the Defendant’s behavior after the crime recognized by the evidence of the judgment, the Defendant does not seem to have had or weak ability to discern things or make decisions. The Defendant and the defense counsel’s assertion is not accepted.

Judges Lee Jae-hoon