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(영문) 서울동부지방법원 2016.06.14 2016고정541
절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 18:10 on October 9, 2015, the Defendant collected 19,00 U.S. 29,00 won at the victim’s market price, which is the victim’s ownership, where the name was displayed in the sales unit of home appliances cannot be known, from the five floors of Matcheon-ho, Gangdong-gu, Seoul, 100,000, and removed 1 U.S. f. f. from a plastic security key for the prevention of theft by using bags and events held in the 4th floor clothes of the same building, and then added 1 U.S. f. f. inside the facility.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written statement prepared in C;

1. Application of the police seizure protocol statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant was suffering from liverness at the time of the instant case and was in a mental and physical state.

Therefore, according to each evidence of the judgment, the defendant's assertion is without merit, since it is recognized that the above disease was committed against the defendant at the time, but it is difficult to recognize that the defendant had weak ability to discern things or make decisions.

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