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(영문) 서울동부지방법원 2020.02.19 2019고정1175

절도

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2, 2019, around 17:34, 2019, the Defendant: (a) placed in Songpa-gu Seoul Metropolitan Government, C department store C department store D, using a gap in which the management of the victim E (age 42) was neglected, thereby cutting off the Defendant into a bank one of the test color strings equivalent to KRW 29,000 at the market price being displayed there.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. A written E-learning (including a caps, etc.);

1. On-site CCTV verification (on-site CCTV verification) [the defendant and his defense counsel] asserted that the defendant had no intention to larceny since he was forgotten that he was put in a bank for purchasing the clothes 1 punishment, which he had been put in the bank due to the influence of drugs, such as dives, etc. at the time of the instant case, but it is hard to believe that the defendant had no intention to larceny. However, in light of the background of the instant occurrence, the situation before and after the instant case occurred, and the means and methods of committing the instant crime, such as the fact that the defendant did not return the damaged items, etc., it is presumed that the defendant had intention to larceny at the time of the instant occurrence, and thus, the above argument should not be accepted).

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

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;