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Reasons
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(영문) 광주지방법원 목포지원 2017.11.10 2017고단1022
절도
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 00:06 on September 8, 2016, the Defendant: (a) set up and took a Fbeer or car from the victim D’s 1st floor in Gwangjin-gu Seoul Special Metropolitan City around September 8, 2016; and (b) took advantage of the gap where the victim’s surveillance was neglected; (c) took advantage of the gap in which the victim’s market price was 30,000 won in the outside display stand; and (d) took a theft of the victim’s property by putting the victim’s property into the Defendant’s vehicle parked immediately nextly by gathering the victim’s ownership.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (related to the verification of CCTV at scene of occurrence), investigation report (report on the details of victim's currency);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. As to the Defendant’s defense counsel’s assertion of a fine of KRW 500,000 to be suspended, the Defendant’s defense counsel asserted to the effect that at the time of the instant crime, the Defendant was in a state where the Defendant had no ability to discern things or make decisions due to stimulative disorder, etc.

Therefore, the above argument is not acceptable.

Taking account of the fact that the defendant's reason for sentencing appears to have recognized the crime of this case and reflect on the crime of this case, the fact that the crime of this case was committed due to stimulative disorder, etc., the degree of damage and there was no record of punishment for the same crime

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