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(영문) 서울서부지방법원 2015.04.15 2015고단450
절도
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be returned to the victim C.

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2012, the Defendant was sentenced to three years of imprisonment by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On February 14, 2015, the Defendant completed the execution of the sentence in the prison for interest.

【Criminal Facts】

1. On March 1, 2015, the Defendant: (a) around 14:00, at the sales store of cultural products “E” used by the victim C in Jongno-gu Seoul Metropolitan Jongno-gu D Building, the Defendant stolen a passport owned by the victim, which was located in a bank that had the cresh of the victim’s diving store and the cresh of the victim’s cresh in the store table.

2. On March 2, 2015, the Defendant, at the main point of “G” located in Yongsan-gu Seoul Metropolitan Government F on March 2, 2015, cut off KRW 460,000, including 100,000 cashier’s checks issued by the Industrial Bank of Korea and 10,000 cash 6, which are the victim’s possession, from the victim’s bank to the victim’s bank.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and C;

1. A photograph of damaged articles, cash, and photograph of damaged articles;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports, confinement and inquiry reports, and application of statutes governing judgment;

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The defendant asserts to the effect that the defendant and his defense counsel's assertion in Article 333 (1) of the Criminal Procedure Act for the return of the victim were in a state of mental disorder due to shock disorder at the time of the crime in this case

The phenomenon that led to the occurrence of a crime due to his or her failure to suppress the impulse is likely to be found even for normal people. Thus, barring special circumstances, barring special circumstances, an act cannot be expected to control his or her impulse and require a person who has such character defect to comply with the law.

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