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(영문) 서울남부지방법원 2021.03.04 2020고정1822

절도

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

피고인은 2020. 8. 1. 00:36 경 서울 양천구 B 단독주택 앞 골목길을 C 택시를 운전하고 가 던 중, 전방에서 피해자 D이 자신이 타고 온 택시에 휴대전화를 두고 내린 것을 확인하고 그 택시를 붙잡기 위해 뛰어가면서 교복 2벌, 에어 팟 1개, 책 2권, 1000 원짜리 지폐 2 장 등이 들어 있는 가방을 바닥에 던져두고 가는 것을 발견하고 위 가방을 들고 가 절취하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Police seizure records (voluntary submission);

1. Application of the investigation report (Attachment to CCTV images for the purpose of protection), CCTV images CDs, and the Acts and subordinate statutes governing Chapter 2;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Penalty Penalty)

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel argued that the victimized party would throw away his/her room, and that he/she did so. As such, there was no intention of larceny (unlawful acquisition).

Judgment

However, the following circumstances, including CCTV images in the instant field, were revealed by this Court and the evidence adopted and examined by this Court, i.e., ① the victim left and continued to set up a bank that was crypted by a taxi on the alleyway. As such, the victim was formally the victim abandoned the bank.

In general, the defendant thought that he would temporarily get out of her to mard it rather than think of it. ② The defendant found the victim's bank immediately and confirmed the contents of the bank, and even if it was possible to confirm whether it is an abandoned or temporarily an article, he immediately carried it into the taxi without taking such measures (the defendant is merely going to the place where the victim was going up while carrying the bank in the taxi and going up on the runway.