logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.29 2018고정2681
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In the state that the Defendant lacks the ability to discern things or make decisions due to behavioral change, head dementia, etc., around September 16:47, 2018, the Defendant thefted the victim D's c bank falling short of KRW 1,000,000 from the "C bank falling short of the c bank falling short of the c bank located in Gwanak-gu in Seoul Special Metropolitan City on September 8, 2018.

Summary of Evidence

1. Written statements of D;

1. A photograph of a CCTV of a Cbank;

1. Application of the list of seizure, protocol of seizure, and photograph of seized articles and 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) 3 of the Criminal Act for mitigation of mental disorders;

1. A fine of 300,000 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 meaning of a suspended sentence: A system which suspends the suspension of sentence for a given period and is deemed to be acquitted after the given period expires;

Effect of the suspension of sentence: it shall be deemed to be acquitted two years after the date of the suspension of sentence (Article 60 of the Criminal Act). Lapse of the suspension of sentence: The suspension of sentence shall be deemed to be acquitted upon the expiration of two years after the date of the suspension of sentence (Article 60 of the Criminal Act):

(Article 61 of the Criminal Act). The reason for sentencing under Article 59(1) of the Criminal Act is the elderly, the health of the defendant is not good, such as suffering from dementia, the damaged goods have been returned, there is no record of criminal punishment other than the one-time punishment, and the sentencing conditions under Article 51 of the Criminal Act as shown in the argument of this case are comprehensively considered.

arrow