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(영문) 서울북부지방법원 2020.05.08 2020고단68
절도
Text

A defendant shall be punished by imprisonment for six months.

The seized evidence No. 1, 4, 5, 6, and 8 shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

1. At around 02:00 on December 20, 2019, the Defendant: (a) opened a car-free parking lot located in Dobong-gu Seoul Metropolitan Government apartment B apartment site; (b) opened a car-free car, which is owned by the victim’s name and unclaimed winner; and (c) cut off with 10,050 won in cash; (d) three boxes of tobacco in the city’s unclaimed tobacco; and (e) three boxes of disposable car; and (e) four healthy land.

2. The Defendant, at around 02:50 on the same day as indicated in paragraph (1), was at the instant apartment Cdong parking lot, and the Defendant: (a) opened a door-to-face without correction of the instant rocketing car, which was owned by the victim D, who was parked there, to steal property; (b) went into the said car, and did not commit any attempted theft because there was no valuable element.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each investigation report (the statement of a witness D, confirmation of the identity of the vehicle and the like method, etc., and the specific report on stolen goods);

1. Records of seizure and the list of seizure;

1. Application of seized articles (Evidence 1-No. 1-No. 8), photographs of victims D-car photographs, B-house photographs of the scene of occurrence (multi-unit houses);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The Defendant and his defense counsel in determining the assertion of the Defendant and the defense counsel under Article 333(1) of the Return Criminal Procedure Act asserted that the Defendant had been receiving an increased treatment, such as shock disorder and military register barriers, etc., for a long time. The Defendant asserted that he was in a state of mental disorder, which could not control his behavior due to the shock of military register at the time of the instant crime

The phenomenon of preventing a crime due to his/her failure to restrain his/her impulse is likely to be found even to the normal person, and barring special circumstances, it is against those who have the above nature defect.

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