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(영문) 서울중앙지방법원 2019.08.29 2019고정1175

절도

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On 12:25 on 30 March 2019, the Defendant, on 30:12:25, was carrying one of the losses losses in the market value of the victim C(77 years of age) located in the front of Gwanak-gu in Seoul Special Metropolitan City, and stolen it.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Determination as to the Defendant’s written statement and his defense counsel’s assertion

1. The gist of the assertion argues that the defendant has no intention to larceny since the defendant thought and brought about as a thing abandoned by the victim's hand-owned hand-owned.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the victim appears to have left the said fingers immediately front of the residence (Seoul, gu, B) and used them without locking, and the said fingers do not interfere with the normal use of them. The Defendant did not properly check whether the fingers were the main body at the time when the Defendant brought them into the Liber. Thus, the Defendant appears to have dominatedly recognized that the fingers were the goods owned by others, and thus, the above assertion is rejected.

Application of Statutes

1. Article 329 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;