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(영문) 창원지방법원 2018.04.18 2017고단4116
절도
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person with intellectual disability (class I), who lacks the ability to discern things or make decisions.

1. 『2017 고단 4116』 사건 피고인은 2017. 11. 25. 11:15 경 김해시 C에 있는 피해자 D이 근무하는 E 마트에서, 그곳 종업원 등의 감시가 소홀한 틈을 이용하여 식품 코너 진열대에 진열되어 있던 피해 자가 관리하는 마이 쮸 4개( 시가 2,200원), 새콤달콤 2개( 시가 900원), 애견 간식 치즈 볼 1개( 시가 2,790원) 총 5,890원 상당의 식료품을 가져 나와 절취하였다.

2. "Cases of 2017 Highest 4,251".

A. On June 2016, the Defendant: (a) committed a crime in Francing around 14:00 on June 2016, 2016, the Defendant: (b) placed one physiological belt (market price of KRW 8,000) in the display stand, which was located in F in Kimhae-si around 14:00; and (c) placed in the display stand (market price of KRW 8,00) using any gaps in which surveillance in the surrounding areas was neglected; and (d) stolen the Defendant.

B. On July 15, 2016, the Defendant: (a) around 13:00 on July 15, 2016, the Defendant: (b) around Kimhae-si F; (c) at the H store managed by the victim G; (d) using the gap in the surrounding area, 3 sn beam 12,00 won (market price) in the display stand; (b) the sum of 24,000 won in the Cub 4 (market price of KRW 12,00); and (c) the Cub 24,00 won in advance, and stolen it.

(c)

On May 8, 2017, the Defendant: (a) around 18:05 on May 8, 2017, the Defendant: (b) around Kimhae-si F; (c) at the H store managed by the victim G; (d) made up in advance three forest rooms in the display belt (market price of KRW 24,960) using a cresh in which surveillance in the surrounding area was neglected; and (c) took theft by inserting them into a temporary room.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Punishment of Penalty)

1. The punishment shall be mitigated ex officio, taking into consideration the following circumstances under Articles 10(2) and (1) and 55(1)6 of the Criminal Act, of which punishment is to be mitigated by law;

(1) The defendant shall develop brain infections for about one year at the time of elementary school students.

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