절도
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On May 26, 2018, the Defendant: (a) at D gas station located in Nam-gu Incheon Metropolitan City, Seoul around 01:31, the Defendant stolen the Defendant’s 120,000 won in cash, with the victim E on the string of hand, and on the 20,000 won in cash, and on the 20,000 won in market price, which includes one driver’s license. The summary of the evidence was stolen.
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. E statements;
1. Money and other valuables possessed by the victim on the wall of the victim;
1. The analysis of the CCTV images of D gas stations and CCTV images of D gas stations [the defendant and his defense counsel] asserts that the defendant would return the CCTV to the main owner, and that the defendant did not intend to acquire the theft intentionally or unlawfully.
However, in full view of the following circumstances that can be recognized by the above evidence, the fact that the defendant stolen the victim's wallet with the intent of unlawful acquisition can be sufficiently recognized.
① According to CCTV images at the time, the Defendant collected money from the victim’s wall that was placed on a main abandonment, and returned the wall to the main abandonment, and immediately left the wall that was putting the victim’s wall back money into his/her hand, and then left the scene by receiving a receipt, etc. after completing the main oil.
In general, it is common to confirm the identity card, etc. of the owner if it is to confirm the owner's contact information, and the defendant confirmed only money on the wall.
② According to the above CCTV images, the Defendant continued to be aware of the driver of Ortoba who was being milked in the aftermath of the victim’s wall, and took a light and color action when he paid money from the wall. The intent seems to prevent the driver of Ortoba from expressing his behavior.
(3) The defendant and his defense counsel argued that the name of the defendant was cut in order to search for the master, but the shape of the object taken out from the wall is evident that the shape of the wall was cut (the part in the long rectangular angle).