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(영문) 의정부지방법원 2018.05.17 2018고단1022
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who suffered from mental illness such as dementia and depression for a long time, has committed the following crimes under the lack of the ability to discern things or make decisions.

1. Around 19:00 on January 2, 2018, the Defendant: (a) put in a bank in possession of one “one percentage of White Cream” equivalent to KRW 80,000 on the market price displayed in the cosmetic, which was displayed in the Maart Corp, Inc., Ltd., the victim 167 of the Namyang-si, Namyang-si, by taking advantage of the gaps in which surveillance was neglected; (b) around 14:00 on January 18, 2018, the Defendant brought in a bank in possession of one “one percentage of White Cream Cream” equivalent to KRW 80,000 at the market price displayed in the cosmetic at the place specified in paragraph (1).

피고인은 계속하여 의류 코너에서 시가 9,900원 상당의 ‘M 웜 라 글란 배색 TBKL’ 티셔츠 1개를 집어 들어 소지하고 있던 가방에 넣어 가져 가 절취하였다. 3. 피고인은 2018. 1. 26. 14:38 경 제 1 항 기재 장소에서 감시가 소홀한 틈을 이용하여 화장품 코너에 진열된 시가 40,000원 상당의 ‘ 화이트 젠 에멀젼’ 1개를 가져 가 절취하였다. 증거의 요지

1. Statement by the defendant in court;

1. Each written statement of C;

1. A report for counter-investigation;

1. A receipt for withholding transactions (type 2), a receipt for withholding transactions (type 2), and a receipt for withholding transactions;

1. Data on field photographs;

1. Data on photographs of damaged articles;

1. Investigation report (A telephone communications);

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

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) 3 (person with mental or physical disability) of the Criminal Act for mitigation of mental or physical weakness;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. From one month to four years and six months of imprisonment with prison labor within the applicable sentencing range by law;

2. The sentencing criteria shall be set.

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