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(영문) 부산지방법원 2018.03.28 2017고정1294

절도

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On March 8, 2017, the Defendant, at around 02:30 on March 8, 2017, was on the computer table by making use of the gap in which the victim F (F, B, and 24 years old) play a game in the “EPC room” located in Busan Jin-gu, Busan.

94,000 won and physical cards, etc., each victim-owned female-use Gap, which was 94,000 won, stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The summary of the facts charged in this part of the charges: (a) the Defendant, at around 02:00 as of February 2017, committed the instant game in the “EPC room” located in Busan, Busan, and (b) the Victim C (27 years old); (c) committed the instant game, and (d) committed a theft by taking one half of the amount of KRW 2,000 for male use of a victim who was on a computer table, and KRW 90,000 for cash, and one half of the amount of KRW 480,000 for a man who was on a computer table.

2. As evidence consistent with the facts charged in this part of the judgment, C made a statement at an investigative agency, and the summary thereof was stolen from the PC room at the end of February, 2017. On the date and time of the instant crime, female-friendly job offering F was stolen, and the Defendant was able to carry several strings on the table, and even if he was locked from time to time, he was suspected of frequently changing the Defendant, and as such, the Defendant was also aware of the fact that he was locked in addition to the theft of F’s wall.

However, in addition to the above statement C, there is no other objective evidence to acknowledge the fact that the defendant committed this part of the crime, and in order to seek whether C has stolen the defendant's wallet, the defendant is forced to leave the police.