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(영문) 서울서부지방법원 2013.11.18 2013고정2287
절도
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 1, 2013, at around 10:0, the Defendant: (a) parked the vehicle within C urban bus located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) caused the victim D, a driver, to park the vehicle; and (c) took a theft of KRW 9.20,00 in cash within the scope of the crepan in the office where the victim was off.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. As to the Defendant’s assertion of CCTV data (ae.g., 33-37 pages), the Defendant asserted that he was in a state of mental and physical disability by making a statement that he had reached a contingent crime under the influence of alcohol at the time of the instant crime. As such, according to each of the above evidence, the Defendant was found to have dacted a little amount of alcohol at the time of the instant crime. However, in light of various circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant made a statement to a certain degree of memory, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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