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(영문) 대전지방법원 천안지원 2015.11.20 2014고단1789
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A. At around 15:00 on June 15, 2014, the Defendant, along with D and E, opened a door above the Defendant’s wall and opened the house, and D and E had the total amount of KRW 209,000,000, including a 50,000 won in cash owned by the victim on the part of the visitors inside and outside of the house, and a 150,000,000 won in cash located on the part of a small bank, and 9,000 won in cash located on the law.

B. Around 16:00 on July 14, 2014, the Defendant, along with D and E, opened a door to the victim I’s house located in Asan City H, and D and E entered the door to the house, and had two gold boxes containing KRW 370,000 in cash owned by the victim on the part of Asan National Cemetery.

Accordingly, the defendant stolen the victims' property two times in integration with D and E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecutor of the suspect examination protocol concerning D;

1. Application of the Acts and subordinate statutes in each statement prepared by G and I;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for special larceny of a victim I with heavier penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant and his defense counsel's assertion of the defendant and defense counsel under Article 62 (1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as "the grounds for sentencing") are asserted that the defendant had a state of mental disability at the time of committing

In light of the records, it is recognized that the defendant was hospitalized and treated for reasons such as efficiencies in the second degree of mental retardation disorder and the delay of mental retardation in the middle degree since 2011. However, it is recognized that the defendant was hospitalized and treated for the purpose of this case, but the circumstances leading to the crime of this case, specific method of crime, and crime.

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