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Reasons
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(영문) 서울북부지방법원 2013.10.31 2013고정2269
절도
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On June 22, 2013, the Defendant stolen goods with a total of 15 points, such as a 15 points of the market price under the victim’s name-indembation room, male-use room, cell phone case, string room, string of female head, etc., in the state that the Defendant had weak ability to discern things or make decisions due to dembly disorder.

2. At around 18:00 on June 22, 2013, the Defendant: (a) committed a theft by putting the victim E in a “D restaurant” located in Jung-gu Seoul Metropolitan Government, with the victim’s studio 1,000 studio, 1,000 studio,000 in the market price under the victim E-owned studio; and (b) 1,000 studio studio in the market price not owned by the victim F.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. E statements;

1. Investigation report (Attachment of a certificate of conscription and release);

1. Photographs of the criminal suspect, photo of the criminal suspect and his/her photograph;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act is a first offender, and commits each of the crimes in this case in a state of mental disorder due to a bipolar disorder; the damage caused by each of the crimes in this case is relatively minor; the victim does not want punishment against the defendant; the defendant is currently receiving a mental and medical treatment with family support, and considering the overall circumstances

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