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(영문) 울산지방법원 2020.09.18 2019고정671

절도

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 16, 2018, at the C Park parking lot located in Ulsan-gun B, Ulsan-gun, Ulsan-gun, the Defendant discovered an unclaimed 2.5 tons of leisure boats at the market price that the victim D set up and owned, and loaded a car and stick, and stolen the victim’s property.

Inasmuch as there is a lack of evidence to prove that the facts charged are “amount equivalent to KRW 10 million at the market price,” the gist of the evidence is to be revised to “unsatisfy and recognized as criminal facts.”

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written statements of D;

1. The Defendant and his defense counsel asserted that, in the park parking lot as indicated in the holding, Boarts in the investigation report (on-site), investigation report (refluence of damaged goods), and the park parking lot were left abandoned for a considerable period of time due to waste, and thus, they were brought about by the Defendant to the FF staff managing the park, and thus, there was no intention to steal them.

According to the evidence in its holding, although Boart brought by the defendant neglected to the parking lot for a considerable period of time, it seems that Boart's appearance is valuable as it is, and it seems that the defendant was well aware of the fact that Boart's appearance is neglected for a considerable period of time in the above parking lot, and that F who manages the park is not the owner or possessor of the above Boart, and in this situation, the defendant asked F employee, and the F employee E does not have the right to dispose of the Boart, and it is merely a reply to the purport that F employee E does not permit it to take advantage of the fact that F employee E does not have the right to dispose of the Boart.

In light of the above circumstances, it cannot be deemed that there was no intention of theft at the time when the defendant brought the beams.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;