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(영문) 서울북부지방법원 2017.09.28 2017고정945 (1)

절도

Text

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

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

Reasons

Punishment of the crime

On February 21, 2017, around 16:51, the Defendant cut off the shopping bags containing two cell phoness ( Samsung, Samsung, and LG) from the Cheongyang branch of the IBK Enterprise Bank CTM at the Cheongmula branch of the Dongdaemun-gu Seoul Metropolitan Government red hill-ro 1 (Cheongmuldong). The gist of the evidence was that the Defendant stolen the shopping bags containing two cell phoness (C, 29 years old, South, and NG).

1. Statement made by the police against D;

1. Each report on internal investigation:

1. Photographss, seized objects photographs, etc. (the defendant and his/her defense counsel did not have any intention to commit a theft;

However, according to each of the above evidence, in light of the facts that the defendant brought shopping bags, the fact that the victim was found or no act was committed to return damaged goods after bringing shopping bags, etc., the defendant's intent to commit a theft is recognized. Thus, the above argument is without merit.

Application of Statutes

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

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;