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(영문) 제주지방법원 2018.11.13 2018고단1468
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has weak ability to discern things or make decisions due to polar disorder, etc.

"2018 Highest 1468"

1. On April 28, 2017, at around 23:50, the Defendant, at the 5th floor of AW Party A in Yeongdeungpo-gu Seoul Metropolitan Government AV Building, made use of a gap in surveillance over the victim AX, carried out a male-use test color in an amount equivalent to the market price of KRW 450,000, and 200,000, the market price of which is equivalent to KRW 20,000.

Accordingly, the defendant stolen the victim's property.

2. On April 24, 2018, at around 20:10, the Defendant: (a) taken property into the AY located in Seopopo City, Seopopoposi; (b) taken in the above AY as soon as possible through unreshing doors; and (c) carried the crepit in which the victim BA dynas the clothes into a drying machine, and carried one panty method equivalent to KRW 30,000 at the market price of other victims, which is the victim’s ownership, and carried one panty method equivalent to KRW 70,00 at the market price.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

On May 5, 2018, the Defendant: (a) had two working clothes equivalent to KRW 80,000, the market price of KRW 20,000, and one safety cap equivalent to KRW 20,000, in the market price of the victim BD owned by the Defendant at the Jeju City between around 13:00 to 14:00 on May 5, 2018.

Summary of Evidence

"2018 Highest 1468"

1. Statement by the defendant in court;

1. Each written statement of AX and BA;

1. A photograph of a CCTV course;

1. CCTV image data closure 2018 high group 1562;

1. Statement by the defendant in court;

1. A BD statement;

1. Responses to fingerprinted results at criminal scene;

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

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night)

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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