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(영문) 대전지방법원 2016.06.30 2015고정1589
절도
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On 18:10 on 30, 2015, the Defendant stolen four sublime sublime worth worth 10,000 won in the market value of the victim owned by the victim D, which was cultivated by the victim D in the Special Self-Governing City of Sejong around 18:10 on 30, 2015.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of CD’s film-related statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. As to the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his/her defense counsel held that the Defendant suffered dementia and lost the mental and physical loss or the mental and physical weakness.

The argument is asserted.

Although the fact that the defendant was suffering from dementia is recognized, in light of the defendant's behavior after the crime recognized by the evidence of the ruling, the defendant had no or weak ability to discern things.

It does not appear.

Defendant

We do not accept the assertion of counsel.

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