절도
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On October 27, 2017, around 12:50 on October 27, 2017, the Defendant: (a) laid off the Defendant’s Fluri car in the front of the C Center’s post-Yasan-gun, and (b) Chapter 8 of the market price of KRW 6,40,000 (7.5m x 3.5m, and PVC otherpool materials) managed by the victim E, the team leader of “D”, the main body of the prevention structure, was the victim E, and stolen it.
Summary of Evidence
1. Partial statement of the defendant;
1. E statements;
1. On-site photographs, photographs of arrest and seizure sites, and CCTV CDs;
1. In light of the criminal place [the status of the defendant's theft prevention (the list 52 pages of evidence), the exercise at the time is terminated and the removal of facilities is being carried out, etc., the above tent was set up in the vicinity of the household building (the list 12,13,76 pages of evidence). The defendant could have sufficiently known that the above tent was set up in the temporary floor during the process of removing the above tent, and it is not having been disposed of. Thus, the defendant's assertion that he was aware of the above tent is difficult to accept, and it is sufficiently recognized that the defendant had the intention of larceny. (The defendant obtained a permit from the public official in charge of the crime that would bring about use of garbage). However, even if the defendant's assertion is based on the defendant's assertion, it is not deemed that the public official in charge did not specifically confirm the above tent and cause garbage. Thus, even if the public official in charge of the crime was permitted, the defendant did not have the intention of larceny.
[2] Application of the law
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;