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(영문) 서울동부지방법원 2016.06.22 2016고정569

절도

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

From around 2013 to December 20, 2015, the Defendant was a person who was in de facto marital relationship with the victim B, and around December 20, 2015, around 76:11:45 on December 20, 2015, the Defendant stolen the Defendant, with one string book, one mobile phone, one car, one car, one car, one car, one car, one wre, one wre, one wre, one wred, one wred, and one wred, one wred, one wred, and one wred.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A protocol of seizure and a list of search and seizure [Judgment as to whether a thief has an intention of larceny or an intention of unlawful acquisition: the following circumstances, which could be known by the evidence as seen earlier, the defendant left to an employee of convenience stores:

statement, however, there is a duty to return to the employees of convenience stores actively.

In light of the above, it cannot be seen that the victim was immediately returned to the victim, and the victim contacted the defendant to identify the location of the bank, but the police avoided the contact with the victim until the communication was made, it is recognized that the defendant had the intention of larceny and the intention of unlawful acquisition (see Supreme Court Decision 88Do917, Sept. 13, 198). The application of the law is recognized.

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 and 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;