(영문) 서울중앙지방법원 2016.12.15 2016고단7216

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.12.15 2016고단7216

상습절도

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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

On June 29, 2016, around 13:00, the Defendant stolen, with one unit of HP-type computer equivalent to KRW 610,000, total market price of 610,000, which is located in the line line at the Jung-gu Seoul Central District Office, 158-ro B-ro and the 10-story.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes in Chapter 1 of the Investigation Report (on-site CCTV analysis and defense for the suspect), Chapter 6 of CCTV images, and Chapter 1 of CCTV images;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant alleged that the defendant was in a state of mental disorder or mental disability due to side effects of drugs taken for mental illness and treatment at the time of committing the crime of this case. Thus, according to the records, the fact that the defendant was under medical treatment such as mental illness at the time of committing the crime of this case and was taking drugs for the treatment of disease is recognized, but there was no ability to discern things or make decisions.

Since it cannot be deemed that there was a state or weak, the above assertion is rejected.

In light of the fact that the defendant committed the larceny repeatedly in the course of investigation or trial due to the theft of this case, and the circumstances that the defendant committed the larceny with a conclusive criminal intent clearly unfortunately unfortunately unfortunateed, despite the fact that the defendant committed the larceny of this case, the circumstances that the defendant committed the larceny of this case with the same criminal intent are under the influence of doping, which are favorable to the fact that it is difficult for him to understand by taking drugs, etc. as the doping without the strong reflectiveness of the defendant: this case is to be considered as one larceny.

참조조문

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