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(영문) 수원지방법원 2016.04.26 2016고단564
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 30, 2015, the Defendant stolen, around September 30, 2015, at around 18:47, 2015, the 'E operated by the victim DD in Suwon-si, Suwon-si, Suwon-si, in front of the 'E operated by the victim D' in Suwon-si, which had been displayed and kept by the victim, carried 19,000 won of the market value of the 'gal gals', which was displayed and kept by the victim, and cut off the wheel and lives of the 'gal gals of 19,000 won of the market

2. On October 17, 2015, the Defendant stolen, around 08:08 on October 17, 2015, 2015, the Defendant: (a) loaded 19 billion won of the market value at which the victim D was displayed and kept before the victim’s “E” store; (b) loaded 2 wheelchairs of 100,000 won of the “gallon beauty” and 19,000 won of the market value of the victim D’s display and storage.

3. On October 27, 2015, around 07:14, on October 27, 2015, the Defendant stolen: (a) around 207:14, the Defendant: (b) loaded 100,000 won of the market value at which the victim D was displayed and kept before the said “E” store; (c) loaded 19,000,000 won of the “gallon beauty” and 2 18,000,000 won of the market value; and (d) stolen 2 wheelchairs and 18,000,000 won of the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of Acts and subordinate statutes concerning investigation reports (related to the attachment of CCTV images in place);

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime. Article 329 (Selection of Imprisonment);

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

1. As to the Defendant’s defense counsel on the assertion of mental and physical weakness under Article 62(1) of the Act on the Suspension of Execution (contributable circumstances among the reasons for sentencing), the Defendant asserted that the Defendant was in a state of mental and physical weakness due to traffic accident after the occurrence of each of the instant crimes, and the record reveals that the Defendant was in a state of mental and physical weakness due to Albio Maz’s dementia at the time of committing each of the instant crimes. The Defendant was involved in the past traffic accident according to the records, and even if the Defendant was found to have symptoms of Albio Masul’s dementia at the time of committing each of the

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