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(영문) 서울서부지방법원 2020.05.21 2020고정374

절도

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On May 7, 2020, the Defendant was sentenced to a suspended sentence of 2 months in the Seoul Northern District Court for night buildings, intrusion upon buildings, larceny, etc., and the said judgment became final and conclusive on May 15, 2020.

【Criminal Facts】

On December 1, 2019, the Defendant: (a) around 19:31 December 1, 201, 201, carried 2 of 140,00 won in the Defendant’s vehicle and stolen 1,48,000 won owned by the victim D (the age of 48) located in C Burial located in Seodaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Written statements of D;

1. A report on the occurrence of a crime, a video, or a recovered photograph;

1. Reports or investigation reports (on-site CCTV verification, suspect vehicle number verification, telephone conversations with EMW borrower, two recovereds of victims who were stolen, and the verification of time CCTVs during which victims were recovered);

1. Previous convictions in the judgment: A criminal history signal or a report (a final judgment confirmation) shall operate a vehicle in the vicinity of the site at the time of the incident, but no theft is found;

The following circumstances acknowledged by the evidence revealed as follows, i.e., it is not clearly confirmed whether a woman who was a criminal in CCTV at the time is the defendant, but ① the vehicle was moved to and operated near the scene after the crime was committed, and the situation where the above woman was confirmed in the vehicle parked near the crime, etc. after the crime, and ② in the investigation agency or this court, the defendant stated that the above vehicle was not lent to another person in December 2, 2019, and that the vehicle was operated near the scene of the crime, while the defendant stated that the above vehicle was stolen on the day of the crime, it is consistent with the empirical rule to view that the above vehicle was the defendant, and ③ the damaged article was not confirmed by CCTV on December 8, 2019.