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(영문) 수원지방법원 성남지원 2013.05.24 2013고정162

절도

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 26, 2012, at around 20:40, the Defendant: (a) laid shopping bags on front of Gwangju City apartment complex 101, in order to throw away food waste from the victim D; (b) laid down the shopping bags on the side of the chemical unit in the complex; and (c) laid down the food waste collection site adjacent to the guard site.

온 사이 쇼핑백과 그 안에 들어있던 시가 약 1,000,000원 상당의 갤럭시 스마트폰 1대, 시가 약 600,000원 상당의 꼼바니아 여성정장, 시가 약 200,000원 상당의 여성구두, 시가 약 1,000,000원 상당의 루이뷔통 여자가방, 시가 약 300,000원 상당의 여자 손지갑, 현금 160,000원, 롯데상품권 등을 들고 가 절취하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Seizure record and list;

1. The application of Acts and subordinate statutes to CCTV data and CCTV data for committing a crime;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The Defendant alleged that he had discovered the above shopping bags, etc. while waiting to go in an apartment, and brought about to find the owner thereof. On May 28, 2012, the Defendant reported and returned the above shopping bags, etc. to the police box around May 28, 2012. Thus, the Defendant did not intend to obtain unlawful profits.

2. According to the records of seizure and list of judgments, the fact that the Defendant voluntarily present at the Facs of the Gwangju Police Station on May 28, 2012 and submitted the said shopping bags, etc. is recognized.

However, the following circumstances acknowledged based on the evidence examined by this court are as follows: (a) the victim was inside one minute after the victim was placed in shopping bags, etc.; and (b) the defendant immediately moved the shopping bags to another place in the apartment parking lot; (c) the victim returned within two to three minutes after the shopping bags, etc. and had the lost shopping bags, etc.; and (d) the defendant appears to have been in a position to see such victims; and (e) the defendant around May 28, 2012.