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(영문) 서울동부지방법원 2017.12.22 2017고단3077
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 6, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny in Seoul Eastern District Court for six months, and the said judgment became final and conclusive on the 14th of the same month.

1. On September 11, 2017, the Defendant: (a) around 12:00 on September 11, 2017, the Defendant: (b) opened a top door door door of the victim C, which was parked in a 154-12 Hayang-ro Seoul Special Metropolitan City, for which no correction has been made to the vehicles of the victim C; and (c) stolen the victim, with the victim’s possession of KRW 5,00,000.

2. On September 11, 2017, the Defendant: (a) opened a front door of the Victim E E, who was parked there at the place specified in the preceding port around September 11, 2017; and (b) taken 110,000 won in cash, which is owned by the victim, from the wall located at that place;

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement E and C;

1. The CCTV closure screen;

1. Previous convictions: Inquiry into criminal history, report on investigation (the same criminal punishment of the suspect, attachment of summary order) and application of statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The defense counsel regarding the defense counsel’s mental and physical weakness in respect of the defense counsel’s mental and physical weakness under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes

The argument is asserted.

According to the medical records against the defendant, the defendant shows symptoms such as his/her concentration decline, excessive activity, lack of impulse control ability, low intelligence, etc. due to his/her activity or failure of care, and behavior that sees the automobile door is damp.

However, the defendant's thief is due to a mental defect that makes the defendant unable to suppress thief's impulse (a mental disorder is expressed in terms of mental disorder).

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