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(영문) 울산지방법원 2020.11.20 2020고정652
절도
Text

Defendant shall be punished by a fine of 300,000 won.

However, for one year from the date this judgment becomes final and conclusive, the above fine shall be executed.

Reasons

Punishment of the crime

On May 22, 2020, when mental retardation lacks the ability to discern things or make decisions, the Defendant, at around 21:30 on May 22, 202, the Defendant: (a) committed a theft by leading one bicycle to the victim D (year 25, female) in front of the Ulsandong-dong store, Ulsandong-gu, Ulsandong-gu, by leading one bicycle with the market price equivalent to KRW 600,00,00 of the market price of the female, which is owned by the Defendant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. CCTV photographs related to the case;

1. Application of Acts and subordinate statutes on photographs related to recovered products;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Under Articles 10(2) and (1), 55(1)6 of the Criminal Act to be mitigated by law (person with a mental disability) - In light of the fact that the defendant is in Grade I with a mental retardation disorder and the circumstance that the defendant makes a statement in the trial court, it is presumed that the defendant constitutes a person with a mental retardation disorder, and even at the time of committing the crime in this case, he was presumed to have shown mental symptoms such as the present mental state. Thus, it is recognized that the defendant had a state that the defendant had the ability to discern things or make decisions due to a mental retardation disorder at the

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (in cases where a sentence of suspended execution of punishment is invalidated or revoked and the defendant fails to pay a fine);

1. The Defendant asserts that there was a state of mental disorder at the time of committing the instant crime, since the determination of the defense counsel’s assertion under Article 62(1) of the Criminal Act (it takes into account all circumstances, such as the fact that the Defendant was punished twice by a fine, the fact that the victim was returned, and the fact that the victim committed a crime under the state of mental disorder).

The defendant's family relation, property, military career, etc. at the time of interrogation of the suspect is clearly stated in the police station, and the date and time, place, method, etc. of the crime is relatively well stated.

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