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(영문) 인천지방법원 부천지원 2018.11.29 2018고정690
절도
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 14:05 on October 2016, 2018, the Defendant: (a) laid off the victim E (20 taxes, women) in front of the first floor D convenience store of the 1st floor of the building C, Seocheon-si; and (b) cut off by using the gap in which the surveillance of the surrounding X-type mobile phones was neglected; and (c) by means of cutting off the mobile phone in the main machine using the gap in which the victim E (20 years and women) was laid off.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on internal investigation (on-site inspection and CCTV verification);

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel held that the Defendant was in a mental and physical weak condition due to the early illness at the time of committing the instant crime.

The argument is asserted.

According to the records, even though the defendant was showing symptoms around 2014, there is no evidence to prove that there was such symptoms at the time of the crime of this case, and in full view of all the circumstances, such as the background of the crime of this case, the details and form of the crime of this case, and the defendant's act before and after the crime of this case, the defendant was in a state that he lacks the ability to distinguish things or make decisions at the time of the crime

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

In full view of the records and arguments on the reason of sentencing, such as the nature of the crime, means of the crime, the amount of damage, the unagreement, the records of the same kind of crime, and the circumstances after the crime, the punishment as the order shall be determined.

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