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(영문) 서울북부지방법원 2016.05.19 2016고정324
절도
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

"2016 High 321"

1. The Defendant, while having weak ability to discern things or make decisions due to the Huntington’s illness, etc., was stolen at D convenience stores on April 4, 2015, around 17:50, in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with five coffees equivalent to the total market value of KRW 12,200, and three milks, which were displayed on the display stand.

2. Around May 2, 2015, the Defendant: (a) committed theft with two wells worth worth KRW 4,900, total market price owned by the occupation-owner at around 18:56 around May 2, 2015, at around 18:56 around May 2, 2015.

"2016 High 324"

3. In a state where the Defendant was unable to discern things or make decisions as above, around July 3, 2015, at the “G convenience store operated by the victim F in Gangnam-gu Seoul Metropolitan Government, Seoul, the Defendant taken a copy of the “brupt melting car” in the amount equivalent to KRW 9,900, the market price of the victim in the air conditioners, which was located in the air conditioners in the air conditioners, around July 17, 2015.

In other words, they stolen them.

4. In a state where the Defendant, as mentioned above, did not have the ability to discern things or make decisions, he taken a ice cream equivalent to KRW 7,000 (7,00) at the market price, which is the victim F owned in the coolant in the same manner as paragraph 3, at around July 10, 2015, at the same place as paragraph 3, at around July 17:28, 2015.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographic materials), investigation reports (for damaged articles), and investigation reports (for counter-investigation of victims), and investigation reports;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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. The order of provisional payment;

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