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(영문) 수원지방법원 2017.10.27 2016고단8180
절도등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

In a state that the Defendant lacks the ability to discern things or make decisions due to mental disorders, etc., the Defendant entered the third floor specialist counseling room used as a nurse room for the purpose of theft while hospitalized at a hospital located in Suwon-si C from November 23, 2016 to December 25, 2016, and took up approximately KRW 78,000 in cash on the wall of the victim E owned by the private nurse in the above D Hospital.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Investigation reports, investigation reports (to hear statements of victims), and investigation reports (to specify the date and time of crimes);

1. On-site photographs;

1. Application of the legislation in its opinion;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), Article 319 of the Criminal Act (a point of intrusion by room), and the choice of fines, respectively;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following factors: (a) a crime committed in a mental and physical weak state with reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) a theft product is relatively small; (c) a considerable portion of the theft product has been returned and most damaged have been restored; and (d) the victim does not want to be punished against the Defendant.

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