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(영문) 부산지방법원 2018.06.26 2018고정395

절도등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On December 18, 2016, around 20:40, the Defendant: (a) stolen the victim’s market price on the part of the head of the Si/Gun/Gu Dong Dong-gu, Busan; (b) one code, and one pande, pande, and several pande, inside which the victim’s D’s market price on the part of the head of the Si/Gun/Gu Dong-gu, Busan, was unknown.

2. On February 22, 2017, the Defendant damaged public documents: (a) at the model office of the Busan Geum-gu Police Station located in 1819, as the center of Geum-gu, Busan, Pyeong-gu; (b) even though the investigator did not ask questions about the part of KRW 200,00,00, the cash that was damaged by the theft case under paragraph (1), the Defendant left the examination protocol of Defendant E prepared by the investigator, who is the investigator, on his/her book, on the ground that he/she did not ask questions about the part of KRW 200,00.

As a result, the defendant, who is a public worker, has impaired the utility of documents used by the Busan Franchi Police Station.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (referring to damage to a suspect's protocol of interrogation of suspects);

1. Articles 329 (Aggravated Violation), 141 (1) (a point of destruction of documents for public use) and 141 (1) of the Criminal Act concerning facts constituting an offense, and the selection of a fine, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Division of a crime under Article 334 (1) of the Criminal Procedure Act, which is against the order of provisional payment;

1. The summary of the facts charged was stolen by the Defendant, as indicated in the facts charged in the judgment, 200,000 won in cash, which is contained in the Ecode, one panty, and several panty, and one panty, inside the panty, and the panty, inside the pande.

2. The evidence that corresponds to this part of the facts charged lies in witness D and G’s respective legal statements and written statements.

However, according to D's testimony, G had no amount of 200,000 won in cash located in ECoa.

D itself is merely aware of the fact that there was 200,000 won in cash in the Eco bank.