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(영문) 춘천지방법원 2017.08.11 2017고단480
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant committed each of the following crimes under the status that the Defendant was unable to discern things or make decisions due to a mental disease:

1. The Defendant committed the crime of February 16, 2017: (a) committed on February 16, 2017; (b) committed the theft of the damage, with a verbal message for women worth KRW 89,000 in the market price owned by the victim’s owner at D D department stores located in Chuncheon-si C, approximately 13:00 on February 16, 2017.

2. On April 16, 2017, the Defendant committed the crime, at around 10:10 on April 16, 2017, based on the 'I’ operated by the victim H in Hongcheon-gun G, Hongcheon-gun, the victim H, the location of which was the victim, carried one set of the keys, which was the victim’s back and stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. E statements;

1. On the spot, photographs of damaged articles, and photographs of the scene of the case;

1. Application of Acts and subordinate statutes to medical certificates and calculation details of prescription;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 crime (victim E [Scope of Recommendations] : Two types of larceny for general property (general larceny) (4 months to 10 months) (special mitigation factors) and minor mental and physical weakness;

(b) Class 2 crime (victim H) (Scope of recommending punishment / [Extent of recommending punishment] : Two types of theft (general larceny) for general property; (2) the area of special mitigation (two months to ten months); (3) the area of special mitigation (person with special mitigation) / mental or physical weakness; and (4) non-exclusive penalty;

(c) The scope of final sentence due to the aggravation of multiple offenses: April to January; and

2. The Defendant, who was sentenced to sentence, led to the confession of the instant crime, committed the instant crime in a state that the Defendant had no ability to discern things or make decisions due to a mental disease, and all stolen objects were returned to the victim, and H among the victims.

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