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(영문) 서울남부지방법원 2016.10.07 2016고단4274
절도
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 3, 2016, the Defendant: (a) around 13:12, 2016, at the parking lot located in Gangseo-gu Seoul Metropolitan Government, opened a driver’s seat that was parked by the victim D and opened a NAM 60,000 foot 10 foot 50 won (50 won foot 100 foot 20,000 won) owned by the victim.

Accordingly, the defendant stolen the victim's property.

around 12:33 on August 6, 2016, the Defendant: (a) carried KRW 100,000 in cash owned by the victim F, who was in the passenger seat in the G-ro Ga located in the 12 complex, the 12 complex, the main apartment, the 1217-dong 1217-side parking lot located digitally 63 at the time of the light of the Gyeonggi-do 2016.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

[2016 Highest 4274]

1. Statement of D police statement;

1. Video CDs (2016 highest 4359) on the face of a crime;

1. A statement prepared in F;

1. Application of the Acts and subordinate statutes attaching CCTV data;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine (a normal consideration considered below):

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

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the scope of recommendations according to the sentencing criteria) are not applicable to the sentencing guidelines. The sentencing guidelines are not applicable to the Defendant. [Determination of sentence] In light of the fact that the Defendant was diagnosed by Seoul H Hospital in the state of his or her mental retardation due to his or her serious disorder, the Defendant committed the instant crime under the state of his or her ability to discern things or make decisions, the amount of damage is large, and the victim was agreed with D, by taking account of the fact that the Defendant was diagnosed by the Seoul H Hospital in the state of his or her mental retardation.

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