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(영문) 수원지방법원 2013.11.29 2013고단5759
절도등
Text

A defendant shall be punished by imprisonment for four 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

The defendant has weak mental or physical disorder.

1. A thief: (a) around 01:10 on August 1, 2013, the Defendant: (b) opened a door-to-faceless driver’s seat on the adjacent road of D (D) located in C, which was parked in C; and (c) committed theft with cash of KRW 14,200,000, which was located in the vehicle.

2. On August 1, 2013, at around 01:15, the Defendant attempted to larceny: (a) opened an unlocked steering door of Hata car owned by the Victim G, which was parked in the same place as the foregoing paragraph (1) and sought stolen objects, and (b) went away as it was discovered to the victim who was divingd from the back seat of the said car.

In the end, the Defendant attempted to steal the victim's property, but failed to bring about such intent.

Summary of Evidence

1. Each statement made to G and I;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329, 329, and 342 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act appears to be difficult in a situation where the defendant is virtually unable to clearly distinguish, and all the damaged items return to the victims, and considering the fact that the degree and leakage of the defendant's death is protecting the defendant, the period of punishment and suspension of execution shall be determined.

It is so decided as per Disposition for the above reasons.

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