logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.06.01 2015고정156
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 12:30 on November 9, 2014, the Defendant: (a) took away KRW 10,000 in cash from the walled by the victim E (the 19-year-old and female) while having weak ability to either distinguish things or make decisions due to intellectual disorder; (b) around 66 seats from the DPC located in Kimpo-si, Kimpo-si; and (c) at the walled by the victim E (the 19-year-old and female).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of CCTV verification Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

2. Mitigation of mental disorders under Articles 10 (2) and 55 (1) 6 of the Criminal Act;

3. A fine of 300,000 won to be suspended.

4. Articles 70 (1) and 69 (2) of the Criminal Act for the inducement of a workhouse (100,000 won per day).

5. The following circumstances acknowledged by comprehensively taking into account the evidence duly adopted and examined in this court as to the part of mental and physical disorder under Article 59(1) of the Criminal Act (such as committing the crime in this case where the defendant committed the crime with weak mental and physical disorder, etc.) (including the defendant's age, character and conduct, intelligence and environment against his own crime, etc.) of the Suspension of Sentence: (a) the defendant has undergone a diagnosis of mental disorder; (b) according to the appraisal of the doctor F of the Bupyeong-Mancheon Hospital Hospital in Korea, according to our court's appraisal of the larceny, the defendant has an infant accident that "the defendant had taken the horse," which means that it is impossible to moral and rational judgment on his act; (c) in light of the fact that the defendant had the ability to discern things or make decisions due to intellectual disorder at the time of committing the crime in this case, it is reasonable to deem that the defendant had a state of lacking ability to discern things or make decisions.

In accordance with the above appraisal result, as long as the defendant appears to have been aware of his larceny itself, it is deemed that there was a state of mental disorder beyond mental and physical disability at the time of committing the crime of this case.

arrow