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(영문) 서울서부지방법원 2018.04.13 2017고단3650
절도
Text

The defendant shall be punished by a fine of KRW 500,00 and a fine of KRW 1,00,00 for the crimes of KRW 2 in the holding.

Reasons

Punishment of the crime

On December 14, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny in the Seoul Western District Court for six months, and the judgment became final and conclusive on the 22th of the same month.

The Defendant committed each of the following crimes in a state that the Defendant had no ability to discern things or make decisions due to the symptoms of alcohol dependence, or due to the use of alcohol-related symptoms, etc.:

1. At around October 15:27, 2017, the Defendant: (a) concealed the victim’s surveillance in the “E E EM” operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government, by means of the gap in which the victim’s surveillance was neglected; and (b) concealed the victim’s market price equivalent to KRW 2,400,00, which was the victim’s possession in the beverage cooling house; and (c) concealed the victim’s 1 C in the Defendant’s inner part.

2. On December 28, 2017, the Defendant: (a) at around 10:45, the victim G in Eunpyeong-gu Seoul Metropolitan Government, employed by the victim G in “Hmarket,” the victim G, who was in the drinking beverage display stand by taking advantage of the gaps in which the victim’s surveillance was neglected; (b) the victim’s market price of the victim’s management, which was in the drinking beverage display stand, was 2,450 won in the Defendant’s inner part; and (c) concealed the victim’s 1 sick week in the Defendant’s inner part.

Summary of Evidence

1. Previous convictions of judgment: "The results of his previous convictions of disposition and the results of confirmation, which shall be reported";

1. Statement by the defendant in court;

1. Written statements of D;

1. The 2018 highest 120 pages of theft;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of CCTV video-related Acts and subordinate statutes to crimes;

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The Defendant’s confessions and reflects, the amount of damage is a small amount, the Defendant was hospitalized for a long period of time from around 2016 due to symptoms of alcohol dependence, proof of alcohol, proof of alcohol use, etc.

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