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(영문) 수원지방법원 안양지원 2018.05.03 2018고정122
절도
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On November 6, 2017, the Defendant: (a) committed theft with 10:24,00,000 won of the market price of KRW 530,00,00, which was displayed in front of the store when the surveillance of the victim E (V, 61 years of age) was neglected in the clothing store, “D” No. 108, 108, Dong-gu building C, Dong-gu, 201, and 160,000,000 in the market price.

2. On December 7, 2017, the Defendant: (a) committed theft with two brops equivalent to KRW 54,000, which were displayed in front of the store at the “G” clothes store located on the first floor of the Seoul F building in Ansan-si, Seoul, with a view to neglecting monitoring of the victim H (n, 39 years old); (b) the Defendant stolen two bropsing from the market price of KRW 54,00 in front of the store.

3. On December 11, 2017, the Defendant: (a) committed theft with one set of KRW 650,000, 200, which was displayed in front of the store, and was displayed in front of the store, at the “D” clothing store No. 108, Dong 108, Dong 1, Dong 108, Dong-gu, the Defendant committed a theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. The defense counsel held the assertion of the photographic counsel following the CCTV closure. At the time of the crime of this case, the defendant was in a state of mental and physical weakness due to the depression, etc.

The argument is asserted.

In full view of the circumstances acknowledged by the evidence of this case, the method and method of the crime, the Defendant’s act before and after the crime was committed, etc., at the time of the crime of this case, was in a state where the Defendant had weak ability to discern things or make decisions.

As such, the above assertion by the defense counsel is rejected.

Application of Statutes

1. Article 329 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

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