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(영문) 서울북부지방법원 2018.06.08 2018고단735
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant committed the following crimes in a state that he/she is unable to discern things or make decisions due to detailed uncertainty disorder, etc.

around 23:30 on December 30, 2017, the Defendant: (a) committed theft by inserting property equivalent to KRW 22,670,00 in the market price of the victim E, a security guard, in the D-1st floor store located in Jung-gu Seoul, Jung-gu, Seoul, in a manner of putting the victim E, who had been displayed in the store by using the d-1st floor cresh in a view of the surveillance of the victim E, a security guard; and (b) putting them into the Defendant’s bank.

On February 21, 2018, the Defendant: (a) around 23:30 on February 21, 2018, the Defendant: (b) laid down the total amount of KRW 119,370 in the market price, as shown in the list of damaged articles, such as 1,370, as in the list of damaged articles, displayed in the store, in G in Jung-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

"2018 Highest 735"

1. Statement by the defendant in court;

1. E statements;

1. Photographs of damaged articles;

1. Receipt "2018 Highest 1,604" ;

1. Statement by the defendant in court;

1. A H statement;

1. Photographs of damaged articles;

1. Police seizure records;

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

1. Article 329 of the Criminal Act and the choice of fines concerning the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in a criminal record of being sentenced to one time to suspend the execution of punishment or eight times to a fine due to the same kind of larceny, and the criminal record stated in the judgment is a crime committed during the period of suspension of the execution of punishment due to larceny and thus is more serious.

It is disadvantageous to the defendant that the defendant commits larceny in a similar form repeatedly without being aware of it during the period of suspension of execution.

However, the amount of damage caused by the instant crime is relatively short.

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