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(영문) 인천지방법원 2017.10.12 2017고합378
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had shown symptoms such as the failure of the exchange administration and the reality judgment ability for over the past two years, but the symptoms were more severe and the ability to discern things or make decisions was weak due to the disorder of the exchange administration and the reality judgment ability, which is the symptoms of the early May 2017.

1. On May 23, 2017, the Defendant, at the entrance of the parking lot of the Sung-gu Incheon in the number of Bupyeong-gu, Incheon around 10:46 on May 23, 2017, knife the knife, which is a lethal weapon (No. 1, No. 2496, No. 2496, No. 2496 of the Incheon District Prosecutors’ Office, 35cm in total length, 22cm in length), knife the knife as his/her hand, and knife the knife.

As a result, the defendant carried a deadly weapon that is likely to be used for crimes under the Punishment of Violences, etc. Act without any justifiable reason.

2. On May 26, 2017, from around 08:30 to around 12:30 on May 26, 2017, the Defendant invadedd the victim’s residence by entering the house in front of the victim C (n, 85 years of age) located in Bupyeong-gu Incheon Metropolitan City (n, B, and 85 years of age) in an irregular manner.

3. The Defendant: (a) stolen a thief, at the date and time stated in the above paragraph (2) above; (b) one half of the market value of the victim, which was located in a white port; (c) one gold 18k gold string equivalent to 50,000 won in the market value; and (d) one sold 20,000 won in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each protocol of seizure and photographs of each seized article;

1. Application of each investigation report and field photographing statutes;

1. Relevant Article of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 7 of the Act on the Punishment of Violences, etc. (Carrying with a deadly weapon, Selection of Imprisonment), Article 329 of the Criminal Act (abstinence, choice of imprisonment with prison labor), Article 319 (1) of the Criminal Act (abstinence into residence, and choice of imprisonment with prison labor) (abstinence);

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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