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(영문) 대구지방법원 서부지원 2016.06.17 2015고정814

절도

Text

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

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

Reasons

Punishment of the crime

On October 10, 2014, the Defendant, at the main point of “E” for the operation of the Victim D, located in Daegu Seo-gu, Seogu, Daegu, on October 3:00, requested the Victim to “E” several times to “The Victim, who is in sight of knife knife knife knife knife knife knife knife knife knife knife one time.”

Since then, at around 3:30 on the same day, the Defendant was using a gap in which his employees and body fighting were not required to return the foregoing visibility, and the Defendant used a gap in which the victim did not demand the return of his body fighting with his employees, and stolen one clock of “TWA” equivalent to 400,000 won at the market price of the victim’s possession from his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D or F (including those recorded in the third trial records);

1. Each investigation report (the delay in preparing a recognition report, the submission of monetary details, and the market price of damaged goods) (the defendant shall promptly return the visibility of this case to the court that the defendant has reported the fact

At the time, G, the defendant's daily behaviors, on the ground that the injured party was in order to receive the order, and the defendant was given the victim's visibility to himself again and returned it to the victim immediately, and the victim went in the room after receiving the order.

Although testimony is made, according to the above evidence, the degree of alcohol of the above G, the fact that the victim was under the influence of alcohol since the time when the victim was placed in the room and the F, who was in the time of drinking, was experienced by the defendant, the defendant's above assertion is difficult to believe, and the facts of the crime are found guilty according to the circumstances such as the victim's behavior at the time when the defendant was in the above business establishment and immediately after the time when the defendant was in the above business establishment and immediately after the passage, G and the defendant's relationship, and the

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. The order of provisional payment;