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(영문) 서울중앙지방법원 2016.03.24 2016고단344
절도
Text

Defendant shall be punished by a fine of KRW 50,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 27, 2015, around 15:50 on December 27, 2015, the Defendant stolen one set of 1 punishment (30,000 won at the market price) of the clothes, which were attached to the garment of the garment of the garments at the street store operated by the Victim C, in front of the Burial Park, Jongno-gu Seoul, 58-ro 84, 84, Dong Burial Park.

Summary of Evidence

1. Partial statement of the defendant;

1. C Police Statements;

1. On-site photographs (one set of two clothes) (The defendant asserted that he was flicking in a manner that he was flicking, but the police statements of C prepared to the effect that he was flicking in a quantity and 20 meters away from the display stand without asking the two clothes which he was flicked, may be reliable, and the facts constituting the crime can be sufficiently acknowledged according to each of the above evidences) are applicable to the law.

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act is asserted to the effect that the defendant had a mental disorder at the time of the crime of this case as a person with a mental disability with visual disability. Thus, according to the records, it is recognized that the defendant is a person with mental disability at the time of the crime of this case, but it is difficult to view that the defendant had reached the crime of this case under the circumstance that the defendant had no mental disability at the time of the crime of this case

The reason for sentencing does not reflect on the denial of the crime by the defendant, but the amount of damage is minor and the damaged items are returned, and the defendant seems to have difficulty in economic situation as a person with disabilities at the time, the punishment shall be determined like the order in consideration of the fact that the defendant's delay in the interest of the disabled.

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