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(영문) 수원지방법원 2020.04.09 2019고단8186
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From around 2016, the Defendant had no ability to discern things or make decisions due to the disease, etc. as a person being treated after being diagnosed, such as military register walls, etc.

1. On November 1, 2019, the Defendant: (a) around 23:40 on November 1, 2019, 15: (b) had 156 goods equivalent to the total market price of KRW 1,99,040, the victim D Co., Ltd. owned by the victim D Co., Ltd., which was located in the display stand in Suwon-si B, Suwon-si, Suwon-si; and (c) had 156 goods out of the store.

Accordingly, the defendant stolen the victim's property.

2. On December 13, 2019, the Defendant: (a) posted 42 goods equivalent to the total market value of KRW 509,620,00, which was owned by the G Co., Ltd. owned by the victim G Co., Ltd. and carried 42 goods out of the store at the F new store located in G Co., Ltd., G Co., Ltd., which had been located in G Co., Ltd., in a display stand around 20:23, 2019.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to photograph on the spot photographs, receipts, closure photographs of each CCTV screen, photographs of damaged articles, and photographs of the details of damaged articles;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. The medical treatment order prescribed in Article 4-2 of the Act on the Mitigation of Medical Treatment and Custody, etc. for Mental Diseases shall be mitigated pursuant to subparagraph 1 of Article 2-3 of the same Act;

Articles 10(2) and 55(1)3 of the Criminal Act

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant was punished by a fine or a suspended sentence of imprisonment with prison labor for larceny in several times since 2016, it is reasonable to impose a severe punishment on the defendant, and there is no awareness of the crime against the above crime on the defendant.

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