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(영문) 서울중앙지방법원 2017.11.28 2017고정3299
절도등
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On August 30, 2017, at around 14:51, the Defendant: (a) cut off the victim D (e.g., 52 years old) who parked in front of the bicycle shop located in Gwanak-gu, Seoul Special Metropolitan City without any corrective device; (b) on the part of the victim’s market price owned by the victim, 1.5 million won.

2. On August 30, 2017, the Defendant attempted to steals, using a hacksaw (30cm in length on the day) brought at the Defendant’s house at the Defendant’s house in front of the F hacker located in Dongjak-gu Seoul, Dongjak-gu (Seoul) around August 15:24, 2017, by taking advantage of a hacksaw (30cm in length), and by taking the hacker’s bicycle installed on the Defendant’s bicycle riding. However, the Defendant failed to bring the hacker’s bicycle to the F order maintenance personnel.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the selection of fines for the crime;

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. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the fact that the defendant has been erroneous and reflected by the defendant, the defendant has long been hospitalized several times due to mental illness, such as emotional disorder, etc., and the crime of this case appears to have been attributable to the above mental illness of the defendant, and the circumstances leading to the crime of this case appear to appear to exist, and the damaged items have been returned to the victim. Some of the crimes of this case were attempted, and there was no special criminal history except for a fine once before the case, and all other circumstances revealed in the arguments, such as the defendant's age, sexual behavior, environment, family relation, etc.

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