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(영문) 청주지방법원 2016.03.18 2016고정95
절도등
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Reasons

Punishment of the crime

The defendant is a person who lives in C as of the second grade of intellectual disability.

1. A thief: (a) around November 4, 2015, the Defendant: (b) committed theft by walking a F-F red d (market price of KRW 2,040,00) on the front side of a salt farm owned by the victim E and setting up a kiding kid on the front side of a salt farm owned by the victim; and (c) driving it by driving it.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without a bicycle driver’s license issued by the local Commissioner General of the Korean National Police Agency, driving approximately 12 km from the front day of the Damp in the Chungcheongnam-si, Chungcheongnam-si, Cheongju to the front day of the automobile industry in the Gu-Si, Cheongju-si, the 89 North Korea from the front day of the Dom in the Cheongju-si, Cheongju-si.

Summary of Evidence

1. Statement made by the police for E;

1. The arrest report and internal investigation report of the occurrence of the case;

1. Subdivision of damaged articles, a copy of a certificate of report on the use of a two-wheeled motor vehicle, and a list of reported cases handled;

1. Application of Acts and subordinate statutes regarding licenses;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;

1. Article 10(2) and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness (in light of Grade II intellectual disability, attitude in court, speech and behavior, the statement of the president of C, etc. at the time of committing the instant crime, it appears that the said person had a weak ability to discern things or make decisions at the time of committing the instant crime);

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2 and Article 50 or more of the Criminal Act for the aggravation of concurrent crimes;

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