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(영문) 서울중앙지방법원 2016.06.14 2014고정4746

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

The Defendant at around 17:44 on January 19, 2014, at the office of Jongno-gu Seoul Metropolitan Government 5th floor of building security guards, installed the entrance locking device using the three compact knife, which was managed by the Defendant as the security guards of the building, and intrudes into the office and intrudes into the office, and the charge that the amount of the food permit, which was owned by the victim D, was 54, is insufficient to prove the crime, as seen below, as seen in Article 1(1) of the not guilty part.

purchase shall take place in the future;

L. A. L. theft was committed.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Each legal statement of witness E, F and G;

1. CCTV photographs and food rights photographs;

1. F's certificate of fact;

1. Recording notes (limited to the statement of the defendant);

1. The CCTV video CD (limited to the video and photograph file part) 【CCTV video images” is obvious that the Defendant, in light of the fact that the Defendant used Turkey to enter the office of the victim foundation and carried with Turkey, and there was a fact that the Defendant attempted to change the quantity of a food ticket into cash at the affiliated restaurant after committing the crime; the Defendant was in custody of a number of food tickets issued 1 to 2 years after the issuance of a food ticket not at the time; and the Defendant’s actions before and after committing the crime, etc., it can be sufficiently recognized that the Defendant stolen the food right as stated in its reasoning.

[Application of Acts and subordinate statutes]

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. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On January 19, 2014, the summary of the facts charged in this part of the charges concerning the quantity of the stolen food rights is as follows: (a) the victim’s food rights were stolen as indicated in the guilty part of the Defendant’s judgment; and (b) the quantity of the stolen food rights was 54.

However, according to the witness H and G's legal statement, the identification right (Evidence No. 1) submitted by the defendant, etc., the victim foundation is the victim foundation.