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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On November 28, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and three months and a fine of one hundred thousand won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Northern District Court on the Aggravated Punishment, etc. of Specific Crimes. On November 10, 2014, the Defendant completed the execution of the sentence at the Ansan Prison on
[2015 Highest 4127] The defendant found the victim G, who was under the influence of alcohol, on the road prior to the convenience point of "F" around 03:30 on July 18, 2015, when he/she lacks the ability to discern things or make decisions due to mental retardation.
The defendant, C, and D wish to bring about the victim's cell phone and the victim's cell phone located far from the victim's side, and C reported the network, and the defendant, the defendant, 30,000 won in cash owned by the victim, 1 national card, 1 card, and 1 card, which contain the new card, led D to one cell phone in the market price of the victim's unclaimed cell phone located next to the victim.
Accordingly, the defendant, C, and D stolen the victim's property together.
[2016 Highest 1165]
1. A thief: (a) the Defendant was under the influence of discerning things or making decisions due to a mental retardation; (b) around November 27, 2015, when the Defendant 1 was under the influence of drinking together with the victim at the victim I’s home located in Macheon-si H on November 27, 2015, the Defendant stolen the victim’s property worth KRW 1,045,000 in total, including one color tag, one resident registration certificate, one cash 35,000, and one smartphone, the market value of which is equivalent to KRW 1,000,000 in the market value of which was under the influence of alcohol.
2. The Defendant in violation of the Fraud and the Specialized Credit Financial Business Act was unable to discern things or make decisions due to mental retardations. On November 27, 2015, the Defendant: (a) 40,000 won for accommodation expenses, by presenting the cream card of the National Bank, which was stolen from the Kel located in Macheon-siJ around 10:39, Nov. 27, 2015, by presenting it to his/her crow card.