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(영문) 전주지방법원 2015.07.14 2015고단604

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2, 2015, at around 15:57, the Defendant: (a) opened a steering entrance that is not corrected to the freight truck owned by the victim C at the Seojin-gu Seoul Special Metropolitan City parking lot in the Seojin-gu Seoul Special Metropolitan City; and (b) brought a theft of KRW 50,000 in cash from the money owned by the victim who was off the vehicle owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to each investigation report (related to the attachment of photographs by cutting down a black stuff image and attaching a black stuff image material);

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 329 of the Criminal Act regarding criminal facts, and the Defendant of the choice of imprisonment and defense counsel

1. The gist of the assertion was behind the Defendant’s possession of the victim at the time of the instant case, but there was no cash, and thus, the Defendant’s act of theft was committed an attempted crime.

2. The judgment of this court is based on the evidence duly adopted and examined as follows: ① The victim was stolen and testified 50,000 won in cash on the part of the police at the time of the instant case from the following day to the police, and consistently stated in this court; ② the victim was stolen at the same time and at the same time prior to the instant case at the police, and the victim stated that he confirmed cash in the same place at the same time at the time prior to the instant case at the police time; ② the victim was aware of the cash at the same time at the time prior to the date of the instant case at the fourth theft, so there is no possibility to mislead the victim about whether the victim was stored in the state of the cash; ③ the victim’s damage amount claimed by the victim is small, and the victim was not in a special personal relationship with the Defendant, and there is no reason to make a false statement, the police and legal statements of the victim are credibility.

참조조문