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(영문) 서울동부지방법원 2020.02.19 2019고정1227
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 25, 2019, around 09:03, the Defendant: (a) used a gap in the management of the victim C(55 years of age) in front of the main entrance of the victim C (55 years of age) located in Gwangjin-gu Seoul Special Metropolitan City; (b) used one room for travel that the victim temporarily set up and laid away to the place to get directors, and stolen it after the bicycle.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Investigation report (number 6);

1. Damage and on-site photographs (the defendant and his defense counsel argued that the defendant was aware of the fact that the defendant was suffering from dementia due to a severe dementia, but it is difficult to view that the victim's travel room was placed in front of the victim's house gate at the time of the crime of this case, and that it was in a situation where the victim's appearance was to be discarded. The above travel room contains two handphones and clothing, etc. under his possession, which the victim's wife was under use, and the defendant attempted to return his travel room. Rather, it is not found that the defendant was arrested the police when he was left in his bicycle gate (the investigation record 12 pages), but it is difficult to find that the defendant suffered from dementia at the time of the crime of this case, or that the defendant did not suffer serious difficulties in determining the behavior or the behavior in this case at the time of the crime of this case).

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence partially recognizes the defendant's error, damaged articles were returned to the victim, and the defendant was the victim.

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