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(영문) 부산지방법원 2018.07.25 2018고단1780

절도

Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

On November 25, 2017, at around 22:10, the Defendant discovered a finger room containing the “S8” mobile phone (around 1.1 million won), one cash check, 7, 834,000 won, personal identification card, and physical card (hereinafter “the instant finger room”) located in the Geum-gu, Busan (hereinafter “the instant toilet”), and brought the instant finger room into its white bags. In addition, the Defendant discovered a finger room located in this case, i.e., the victim E, who is an in-patient (hereinafter “the instant toilet”).

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect by the prosecution or the police against the defendant;

2. Statement made by the police for E.

3. E statements;

4. Closed circuit television (CCTV) video recorded in each CD;

5. Each photograph;

6. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

2. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The summary of the assertion does not constitute a theft of the victim’s fingers as indicated in the facts charged in the judgment.

2. Determination

A. The degree of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and the rejection by causing a suspicion without reasonable grounds for the probative value of evidence is not allowed as exceeding the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers not to all questions and correspondences, but to the reasonable doubt as to the probability of a fact that is inconsistent with the facts that are needed in accordance with logical and empirical rules, and is not just a conceptually doubtful or abstract possibility.