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(영문) 의정부지방법원 고양지원 2016.01.12 2015고단1978
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

The defendant committed each of the following crimes in the state that he/she has a weak ability to discern things or make decisions due to his/her serious background, old age, and dementia.

[2015 Highest 1978]

1. On January 6, 2014, the Defendant: (a) thief, on January 6, 2014, 15:30, 201; (b) 3: (c) 4,580 won of the market price, which is the victim’s ownership, at the second-story food store in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 970; and (d) 4,580 won of the market price, which is the victim’s ownership, died and stolen.

2. On March 24, 2014, the Defendant, at the same place as around March 24, 2014 (16:30, around the same day and around March 24, 2014, used a thief (5) cut lease of 4,580 won at the market price owned by the victim.

3. On August 6, 2015, the Defendant thief, at the same place as around 13:00 on August 6, 2015, 2015, roasting, roasing, roasing, holding the victim’s market value of KRW 5,450 on the ground, and stolen the 1st ballot box of the ground bean.

[2015 Highest 3405]

4. On October 18, 2015, around 14:00, the Defendant: (a) placed 1st floor food pipes Daba-gu, Seoyang-gu, Seoyang-gu; (b) placed 6,500 won in the market price managed by the victim E, who is an employee of the above food store; and (c) cut off 1st unit in the Defendant’s cubtor; and (d) stolen it.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of F and E;

1. Application of the relevant Acts and subordinate statutes to each photograph and each log;

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. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

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. The defendant and his defense counsel alleged that the crime of this case constitutes mental and physical loss under Article 62 (1) of the Criminal Act, and the crime of this case was committed at the time of the commission of the crime of this case. However, according to each of the above evidence, the defendant's mental and physical harm caused by the heart color, old age, and symptoms of dementia recognized as stated in its reasoning.

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