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(영문) 춘천지방법원 속초지원 2012.10.30 2012고정185

절도

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 13:10 on April 19, 2012, the Defendant: (a) taken the victim C out of the bank without finding out 10 copies of the original right, at the beginning point of the National Bank located in the Central Office of Seocho-si, Seocho-si; and (b) taken the victim C out of the bank without finding out 10 copies of the cash payment period; and (c) stolen it by holding the said cash.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the written statement of the preparation of the victim, arrest report of the occurrence of the case, investigation report (general) (13 pages of investigation records), photographs related to CCTV image data at cash payment season;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the gist of the assertion was to bring the above cash to the Defendant, the Defendant was aware that the said cash was partially withdrawn at the time, and did not recognize that the said cash was the money owned by the victim, and thus, the Defendant should be acquitted of not guilty on the ground that the Defendant did not have the intent to commit the theft.

2. According to the above evidence, in particular, the victim withdrawn the above cash from the cash payment season immediately adjacent to the cash payment season at around 13:16:30 on the day of the case. The victim did not bring the above cash to the outside of the bank at around 13:16:32 on the day of the case. On the day of the case, the victim first moved to the outside of the bank. The defendant moved to the said cash payment season at around 13:16:49 on the day of the case at around 13:16:45 on the day of the cash payment at around 16:16:49 on the day of the above cash payment period used by the victim, while intending to leave the original cash at around 13:16:52, the victim tried to collect the said cash as it is, and went to the said cash payment season at around 13:16:155 on the day of the case at around 16:52.