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(영문) 대구지방법원 서부지원 2017.06.23 2016고정953

절도

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 19, 2016, the Defendant: (a) committed theft of the following documents: (b) on July 21, 2016, the Defendant: (c) around 318-1, the Seogu-gu, Seogu, Seo-gu, Seo-gu, 318-1, the two keys owned by the victim D(51, South) seated by the Defendant in the seat of the passengers of cross-city bus C; (d) one panty-ray; (e) one panty-ray; one panty-ray; (e) one pan-ray; and (e) one twit-ray; and (e) one twit-ray or a trobral colon (a total of KRW 50,00).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Investigation report (verification of video recording of bus booms);

1. The record of seizure (the defendant's person who was the defendant had no intention to larceny, as he would bring about a thief on his will to find the owner.

The argument is asserted.

① However, the Defendant did not report, etc. to the police for nine (9) days prior to the call of the police, or did not make any effort to return the bank to the owner, and ② the Defendant did not have identification card or contact point before getting off the bus from the police.

In light of the fact that there is no identification card or contact number of the owner, it is difficult for the owner to find and bring about a bank to return it easily, and the defendant found a bank from Gangwon-do, and the defendant went to Busan, which is a residence, after finding out the bank from the urban bus that arrives at the Daegu North Korean bus stops, and then he went to Busan, which is a residence. If a normal person is a person, it seems that the owner is not able to follow the course and route of the loss and the method of informing the bus article to the Busan, or that the method of informing the bus article is not selected, it is difficult to accept the above argument by the defendant).

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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