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(영문) 대전지방법원 천안지원 2017.11.28 2017고단2079

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

『2017 고단 2110』 피고인은 2017. 8. 3. 13:15 경 천안시 동 남구 C에 있는 피해자 D 운영의 ‘E’ 식당에서, 수족관 안에 들어 있던 피해자 소유의 꼼장어 2마리, 가리비 3개 시가 합계 46,000원 상당을 꺼내

(1) The disclosure of such information has not been disclosed and has not been achieved.

Accordingly, the defendant attempted to steal the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against the defendant;

1. 각 사진 [ 피고인 및 변호인은 불법 영득의사가 없었다는 취지로 주장하나, 피고인이 수족관에 들어 있던 꼼장어와 가리비를 꺼낸 점, 수사기관에서 먹이 위해 꼼장어와 가리비를 꺼내

However, the police officer did not go to drink and put it in a water room.

In full view of the statements, the defendant's intent to obtain unlawful acquisition is recognized.

Application of Statutes

1. Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act and the selection of fines concerning the crime;

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

1. The portion not guilty for the reason for sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the crime is committed during the period of repeated crime, the amount of damage is minor, and the fact that the person commits an attempted crime;

1. "2017 Highest 2079";

A. On September 6, 2017, the Defendant, at around 15:50 on September 6, 2017, stolen alcoholic beverages worth KRW 12,00 (12,00 in total) of 2 bottles and 12,000 (12,00 in total) of 12,00 won in storage of alcoholic beverages stored in the victim H owned by the Defendant.

B. According to the statements, photographs, etc. of the victim and the defendant, each of the facts charged, the defendant took alcohol in the vicinity of the boxes of alcoholic beverages stored adjacent to the above restaurant at the time and time stated in the facts charged, and the shoulder scam on the floor, which seems to be be be be be be be a beer's disease, and the fact that there was only one week, one be be be be a beer, and two beer in the boxes of alcoholic beverages.