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(영문) 서울동부지방법원 2018.01.19 2017고정1370

절도

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 29, 2017, at around 02:00, the Defendant stolen the victim’s market value with one smartphone, one tables PC, one card log, one credit card, and one bank with 8 pages of the card and physical check card in front of Gangdong-gu Seoul Metropolitan Government.

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 with regard to D;

1. household photographs and photographs of stolen goods;

1. Two copies of a photograph of the E CCTV image to be cut;

1. Chapter one CD of the E CCTV video images (the defendant and his defense counsel merely saw the victim's bank on his own, and her own bank did not have the victim's intention to commit theft. However, according to the evidence duly adopted and duly examined by this court, the following circumstances are revealed: (a) the defendant did not have his bank at the time; and (b) the defendant discovered the victim who was suffering from the victim's bank at the time of assault with the victim's bank while leaving the scene and escaped from the scene, and immediately escaped on the floor, the defendant had the intent to commit theft.

Recognized.

We do not accept the above argument.

Application of Statutes

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

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;