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(영문) 서울중앙지방법원 2019.02.21 2018고정2823
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, when dementia lacks the ability to distinguish things or make decisions due to dementia, was stolen by taking it out in the opening room of 1st line located in 47-ro 40-ro, Guro-gu, Seoul at around July 26, 2018, and by taking out one automatic external shocker (AED, 2,200,000) owned by the Korea Railroad Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Investigation report (verification of CCTV at the site of committing a crime);

1. Application of investigation report (contributing of damaged articles) Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning the crime, selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. A fine of 700,000 won for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The grounds for sentencing under Article 59(1) of the Criminal Code for suspended sentence are as follows: (a) the fact that the defendant suffers from dementia due to his old age is deemed to have committed the crime of this case; (b) the damaged goods have been returned; and (c) the fact that there is no record of criminal punishment in addition to a fine imposed once in 196; and (d) the conditions for sentencing under Article 51 of the Criminal Code as stated in the argument of this case

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