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(영문) 인천지방법원 2018.10.05 2018고정1868

절도등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 1, 2018, the Defendant: (a) brought 1 fingers with the victim F, who was in the front corridor No. 101 Dong-dong 106, Nam-gu, Incheon; (b) brought 10,000 won away; (c) around 12:0 on March 17, 2018, the Defendant: (d) committed assault against the victim F (53 tax) of the victim’s body on the ground that the victim was able to escape from the police on his/her job, while he/she was delivering his/her house by using the stolen fingers at around 12:0 on March 17, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. A protocol or statement concerning the police interrogation of suspect with regard to F;

1. A written statement;

1. The finger photograph;

1. Application of a report on investigation (including cases concerning on-site conditions), and application of a report on investigation (a statement conducted by police officers G) to statutes;

1. Relevant Article 329 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act (a point of violence), and the selection of each fine for a crime;

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The point of larceny;

A. In February 2018, the summary of the argument was used as a result of the use of the flusing machine in the light of the flusing machine, and only one flusium was given, and the main owner was found to return it later.

Not only is it the same as the victim's loss, but also it is not brought about against the will of the possessor, so it is not a theft of the loss.

Since it is not a return intention with a return intention, there is no intention of larceny or illegal acquisition intention.

B. 1) According to the evidence duly adopted and examined by this court, one fingerle, which the victim was in custody in front of the house, was dead.