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(영문) 서울남부지방법원 2016.12.22 2016고단5253
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. Larceny;

A. On August 24, 2016, at around 16:42, the Defendant: (a) discovered a woman’s clothes frighted from a roman’s house building located adjacent to the building located in Gangseo-gu Seoul Metropolitan Government as soon as possible; and (b) cut off with three panty pantys for women, where the market price of the victim D is unknown at the roman’s building site.

B. On September 13, 2016, at around 13:02, the Defendant discovered clothes for female use, which are rapidly flaved in Gangseo-gu Seoul E-Ba, Gangseo-gu, Seoul, and then stolen, from the above prompt flav, two parts of the clothes for female use of 49,000 won in total, the market price of the victim F, at the above prompt flav.

2. The Defendant, who intrudes upon his residence, opened the gate of the said house in which the Defendant did not correct by thefting property at the time and place, such as paragraph 1(b), and went to the front end of the house in which the F is residing, and intrudes the victim F’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of F and D;

1. As to the Defendant’s assertion of the police seizure protocol and investigation report (includingCCTV image), the Defendant asserted that the Defendant was suffering from a mental or physical disorder, such as suffering from a heavy depression at the time of the instant case.

However, according to the evidence duly adopted and examined by this court, although the defendant suffered from euthanas at the time of this case, it seems that the defendant lacks or lacks the ability to discern things or make decisions. Thus, the defendant's above assertion is rejected.

Application of Statutes

1. Larceny under Article 329 of the Criminal Act in relation to criminal facts;

(1) Article 319(1) of the Criminal Act, and Article 319(1) of the Criminal Act

U.S. Imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] [the basic area of larceny (type 4]: one year to two years (special person).

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