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(영문) 대전지방법원 홍성지원 2015.09.11 2015고정194
절도
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 14, 2015, at around 01:41, 201 on April 14, 2015, the Defendant stolen the 150,000 cash owned by the victim F, who was in another PC bank in another PC bank located in Chungcheongnam-gun, Chungcheongnam-gun C, by taking out KRW 150,00 in cash located in another PC bank.

2. On April 15, 2015, in order for the victim I, an employee thereof, to clean the PC at the HPC room located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on April 15, 2015, the thief was cut off from the victim I’s bank at the victim I, and stolen KRW 40,000,000, in cash owned by the victim J, which was located in the above PC bank.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to J, I, E, and F;

1. CCTV photographs;

1. Application of the Acts and subordinate statutes to investigative reports (such as attaching photographs toCCTV photographs);

1. Article 329 of the Criminal Code applicable to the facts constituting an offense [the defendant and his defense counsel claim that the defendant was in a state of mental disorder at the time since he was in a state of mental disorder because he was in a scam with a wall to commit the crime in this case. The scambling and the defendant did not suppress the impulse of the larceny (the scambia in a mental medicine).

Even if a thief caused the larceny, the phenomenon that caused the crime by failing to suppress one’s impulse is likely to be found even for the normal person, and this is merely an issue. Therefore, barring special circumstances, it cannot be said that a demand is made to the person who has the above character defect to restrain one’s impulse and to require him/her to comply with the law, and as such, it is reasonable to view that the same character defect as the shock disorder does not constitute a mental disorder, which is the reason for the reduction of punishment, as a matter of principle, does not constitute a mental disorder, which is the reason for the reduction of punishment. However, such character defect is not a defect.

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