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(영문) 인천지방법원 부천지원 2018.11.15 2018고단1588
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to detailed ambiguous mental disorder, etc.:

[2018 Highest 1588] On March 18, 2018, the Defendant cut off 2nd floor E stores of D 15:0 on March 18, 2018, in a manner that the market price of the D 2nd floor E stores in Bupyeong-si, B, as if they were viewed to have earned 2ndes in the market price, and then enter a string room and enter it in the bank as it is. On March 31, 2018 at the same place, the Defendant stolen 1stms, ists, ists, and ists, around 15:00 on the same method, respectively.

As a result, the defendant stolen seven clothes owned by the victim F, three times.

[2018 Highest 2704] around 14:45 on August 24, 2018, the Defendant: (a) committed a theft of property worth KRW 5,639,800,00 in total by four times, as indicated in the list of crimes in the attached Form of crime, between the period from August 25, 2018 to August 27, 2018, where the Defendant prepared for a “non-le-le-le-age” bank, which was displayed in the sales stand by means of an employee’s negligence in monitoring the customers; and (b) committed a theft of property worth KRW 5,639,800,00 in total, as indicated in the list of crimes in the same manner.

Summary of Evidence

[2018 Highest 1588]

1. Statement by the defendant in court;

1. A written statement;

1. A criminal investigation report (CCTV verification);

1. CCTV photographs and damaged photographs (2018 high group 2704);

1. Statement by the defendant in court;

1. Each statement of I, J and H;

1. Investigation report (investigation into the analysis of CCTV images), investigation report (Attachment of a photograph identical to damaged articles), investigation report (a confirmation of additional damaged articles and subsequent investigation into female suspects);

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Photographs of on-site CCTV image data (mental and physical weakness);

1. The result of inquiry into facts into the K mental health division and the president of this court;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

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