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(영문) 서울서부지방법원 2018.11.28 2017고단2706
절도
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

1. On July 3, 2017, around 14:10 on July 3, 2017, the Defendant stolen the victim’s clothes “E” in front of the victim’s clothes in Mapo-gu Seoul Mapo-gu, Seoul, with doping 15,00 won in the market price, which is the victim’s possession, displayed on the clothes installed on the street by making use of a gap in surveillance that the victim sold goods to customers.

2. At around 14:20 on the same day, the Defendant continuously stolen the victim’s 'G’s clothes operated by the victim FF on the right side of the same day, citing 15,000 won of the market price of the victim’s possession, which was displayed on the clothes installed on the street by taking advantage of the gaps in surveillance that the victim sold goods to customers and neglected surveillance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Photographs of damaged articles (the defendant and his defense counsel had been in a state of mental and physical weakness due to mental illness at the time of committing the instant crime;

Therefore, according to the records, even though the defendant received medical treatment after receiving a medical examination of the dead-time illness prior to the crime of this case, the defendant was deemed to have weak ability to discern things or make decisions due to mental illness at the time of the crime in light of various circumstances, such as the background, method, and the behavior of the defendant before and after the crime of this case, which are acknowledged by the evidence duly adopted and investigated by the court.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Unfavorable circumstances: A defendant has a record of the same kind of crime;

1. A favorable condition: A stolen article;

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