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(영문) 대구지방법원 2016.07.21 2016고단206
절도등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant committed the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to dementia, etc.:

1. On December 13, 2015, the Defendant discovered a victim E (36 tax) who stops temporarily in front of the D pharmacy located in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, on the road located in the victim E (36 tax) at this location, and found out a Fbee cruise car in an amount equivalent to 38 million won at the market price, which is the victim’s possession, and was stolen by driving it as it is.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of a motor vehicle without obtaining a driver’s license from the date and place specified in paragraph 1 to the 5km section from the date and place to the G North-gu, Daegu, North-gu. G., the Defendant: (a) drive a stolen FV cruise cruise car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigative report (Attachment of photographs of seized articles), investigation report (in relation to driving without a suspect's license), and investigation report;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the selection of fines for a crime;

1. Articles 10(2) and 55(1)6 of the Criminal Act for the mitigation of mental and physical weakness [In light of the fact that the defendant suffers from dementia diseases, the defendant's investigation agency and attitude in this court, etc., it seems that the defendant committed each of the crimes of this case in the physical and mental weak condition due to the decline in recognition function, shock disorder, etc.];

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act, which committed each of the crimes of this case, is heavy since the execution of the punishment for the same kind of crime was completed, even though the defendant had a record of punishment several times for the same crime, and the crime of this case was committed at approximately one month after the execution of the punishment for the same crime.

However, the victim does not wish to punish the defendant due to the return of stolen damage to the victim, and the defendant dementia.

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