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(영문) 의정부지방법원 2018.02.14 2017고단2868
절도
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a mentally handicapped person with mental disability third degree, and is a person who lacks the ability to discern things or make decisions due to mental illness.

On June 19, 2017, at around 15:15, 2017, the Defendant cut off light, etc. equivalent to KRW 15,00,00, in the victim E-owned market price, which was located in the store display stand, by creshing the surrounding surveillance in Dongducheon-si C, by putting them into his clothes, one labeling at a level equivalent to KRW 15,00,000, in the market price of KRW 8,900, in the market price, and 5,200, in the market price.

Summary of Evidence

1. Each statement of E and F;

1. A mental appraisal report;

1. Application of Acts and subordinate statutes to goods statements;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Article 10(2) and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness (the defense counsel, at the time of committing the crime, was in a state of mental and physical loss due to the tide, etc. of the defendant;

The argument is asserted.

In full view of the Defendant’s military history, mental sentiment, content of the crime, and behavior after the crime, etc., the Defendant was physically and mentally weak at the time of committing the instant crime.

is not recognized as having reached the state of mental or physical loss, even though it is recognized as having reached the state of mental or physical loss)

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (applicable without sentencing guidelines in the choice of a punishment) of the Criminal Procedure Act to the order of provisional payment (applicable) committed the instant crime in a state of mental and physical weakness, the fact that all stolen goods have been returned and actual damage has not occurred, the defendant has old age, his family has made efforts to prevent recidivism, and the punishment is determined as ordered in consideration of various sentencing conditions, such as Defendant’s character and behavior, environment, motive, means and consequence, and circumstances after the crime.

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