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(영문) 울산지방법원 2017.11.22 2017고단3357
절도
Text

A defendant shall be punished by imprisonment for six 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

On July 7, 2017, the Defendant was sentenced to a suspended sentence of two years for six months to imprisonment with prison labor for the attempted crimes, etc. by the Ulsan District Court, and the same year.

9.4. The judgment became final and conclusive.

On August 6, 2017, the Defendant: (a) at the clothes store for the operation of the Victim C located in Ulsan-gu, Ulsan-gu, Seoul-do, and (b) at the display stand, the Defendant: (c) committed a theft by inserting one of the clin pattern of 30,000 won in the market price on the display stand; and (d) by inserting it into the bank in which the Defendant was in possession of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage and a written statement;

1. Photographs;

1. Previous conviction in judgment: A reply to inquiry, such as criminal history, inquiry about summary information of the case, and application of a copy of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. The defendant and his defense counsel asserted that the crime of this case was committed in a state of mental and physical weakness with considerably lacking capacity to distinguish things and make decisions, due to mental problems that make it impossible for the defendant to suffer from depression after 2016, and to control them from anxiety and impulses.

However, the following circumstances recognized by the evidence and other records in the judgment, that is, the defendant received a medical certificate from November 1, 2017, that there was a larceny wall after the instant case, and the medical certificate seems to have been prepared on the basis of the defendant's statement about the defendant's history of larceny crime, and suffering from depression.

that it led to theft is an excessive weak, and that it began to be suffering from depression.

In light of the fact that the Defendant was sentenced to a disposition of suspension of indictment as a result of larceny in 2012, prior to the time of assertion, and the circumstances surrounding the theft of this case, etc., the Defendant was at the time of committing the instant crime.

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