logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.08.20 2020고정904
절도
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an unqualified person.

1. On April 6, 2020, around 09:22, the Defendant stolen electric wires equivalent to KRW 180,000 at the market price where the victim D (year 56, South) was loaded in the front of the Guri-si B to be used in the electric works, and was loaded on the electric wheelchairs of the B.

2. Around 08:50 on April 7, 2020, the Defendant stolen the victim F (the 57 years of age, South) on the front street of Gui-si, E in order to use it for a construction work, by carrying one of the decline pipes equivalent to 400,000 won at the market price of the victim F (the 57 years of age, South) onto the front wheelchairs he/she drives.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (investigation into places of injury), investigation report (investigation into the name of a suspect, correction of the name of a victim, further investigation into confirmation of a victim, etc.), criminal place;

1. As a result of the investigation, the Defendant alleged to the effect that the Defendant committed the instant crime in a state of mental disorder caused by dementia, alcohol-related symptoms, etc., and therefore, according to the medical certificate, etc. submitted by the Defendant, etc., it can be acknowledged that the Defendant was hospitalized at G Hospital around May 4, 2020 due to dementia, the existence of alcohol, and the detailed coercion disorder of unknown whereabouts. However, in light of various circumstances recognized by the records of this case, the Defendant made a statement on the date, time, place, circumstance, circumstance, situation before and after the commission of the instant crime, etc. regarding the criminal facts in the police’s decision, and in light of various circumstances recognized by the records of this case, it is not deemed that the Defendant did not have reached a state where the Defendant was unable to discern things or make decisions at the time of the instant crime. Therefore,

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning criminal facts and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act shall include the following circumstances:

arrow