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(영문) 서울북부지방법원 2017.04.14 2017고정446
절도등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant had a weak mental disability to discern things or make decisions.

1. On November 16, 2016, the Defendant: (a) fell into the driver’s seat of the victim C(47 years of age) who was parked on the street in front of the Howon High School of 56 years old on November 16, 2016; (b) cut off the market value of the victim C (47 years of age) and was driving a vehicle with the driver’s seat equivalent to KRW 25 million, and then stolen it.

2. On November 16, 2016, the Defendant: (a) driven the van without a driver’s license on the road from the front day of the Howon High School (Seoul) to the front day of the 859 Dobong-ro, Dobong-gu, Dobong-gu, Seoul; (b) on November 16, 2016, the Defendant driven the said van without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. Police seizure records;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 329 of the Criminal Act (U.S.) of the relevant Act on the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (U.S.) of the same Act;

1. Selection of an alternative fine for punishment;

1. Article 10 (2) and Article 55 (1) 6 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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period computed by converting 100,000 won into one day) by the detention in a workhouse;

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 suspended sentence (Article 59(1) of the same Act (Article 59(1) of the same Act), including the following: (a) that the defendant is divided into a mistake; (b) that the defendant has no criminal history; (c) that the defendant was physically and mentally in a mental disorder, such as mental delay, etc.; (d) that the thief was returned to the victim; and (e)

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