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(영문) 서울남부지방법원 2018.04.25 2017고단5925
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2017, the Defendant: (a) around 15:18, 2017, at D-1 floor stores operated by the Victim C located in Geumcheon-gu Seoul Metropolitan Government, the Defendant stolen the Defendant’s 19,980 won of the market price of the victim’s possession, which was displayed there, by inserting it into his own bank and her own bank.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes, such as photographs of damaged articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the defense counsel under Article 62-2(1) and the main text of Article 62-2(2) of the Criminal Act on the observation of protection and observation

1. The gist of the assertion was that the Defendant experienced depression, uneasiness, cognitive disorder, and shock disorder, and thereby, was physically and mentally weak at the time of committing the instant crime.

2. The judgment was based on the fact that the defendant issued a medical certificate to the effect that "the defendant was diagnosed as a refeasible mental illness due to depression, apprehension, desire degradation, fluority, depression, disorder related to scam and shock, etc., which has no symptoms of mental disorder, which is being diagnosed as a serious mental disorder without any existing mental disorder, and whose intermittent aggravation has been repeated due to stress vulnerability, and there is no accurate reason as a result of subsequent evaluation in relation to the larceny case in the past several times, but it is presumed that the result of subsequent evaluation was due to the temporary decline of judgment and shock in impulse, etc. which are related to stress, but the defendant was issued with a medical certificate to the effect that "the defendant was presumed to have been due to stress, but the first column was examined. However, while the damaged article was put into a bank, the defendant was lawfully stated in the evidence of the crime in question, such as the specific contents of the crime of this case, the circumstances before and after the crime of larceny, and the reason that the court accepted the evidence of this case.

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