(영문) 제주지방법원 2015.05.15 2015고정268

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(영문) 제주지방법원 2015.05.15 2015고정268

절도등

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around October 2014, the Defendant intruded into the 195th century at the center of Jeju-si, and stolen it with one male dub amounting to KRW 100,000 at the market price owned by the victim C in the new sprink, which is located in the stairs of the place.

2. At around 11:00 on November 16, 2014, the Defendant intruded into the 11st century, and stolen it by having one gold forced male tool equivalent to KRW 350,000 at the market price owned by the victim D, from the new requisition site located in the stairs of the said place.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Investigation report (to submit details of damage to the school, the main place and the school association);

1. Application of related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, and selection of fines for the crime;

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

1. The judgment on the defense counsel's assertion of a fine of KRW 1,500,00 (10,000 won per day) under Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 200, Jan. 1, 2000) of the suspended sentence (see, e.g., Supreme Court Decision 200, Jan. 1, 2000)

1. The alleged defendant was a second degree disability with mental retardation, and was in a state of mental disability at the time of committing the instant crime.

2. According to the records, it is recognized that the defendant was judged as having a second degree disability with mental retardation, but in light of the background of the crime in this case, the means and method of the crime, and the defendant's behavior before and after the crime in this case, it cannot be deemed that the defendant had the weak ability to discern things or make decisions at the time of the crime in this case

The above assertion by the defense counsel is not accepted.

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