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(영문) 전주지방법원 2017.10.11 2017고정136

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

On July 23, 2016, the Defendant: (a) on the street platform in front of the bus platform located in Seojin-gu Seoul Hospital located in Seojin-gu, Seoul on July 15:3, 2016, and (b) on the street, the Defendant stolen the gap in which the injured person was carrying the creb in a locking place on another vehicle, which includes the unsatising clothes, cosmetics, food tools, cash 1,600 won, etc. located in the market by the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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 summary of the assertion is the fact that the defendant brought the victim's goods, but the defendant had no intention to commit the theft or to acquire illegal goods, as he/she took the misunderstanding that he/she was abandoned at the time.

2. The judgment of the court below is based on the evidence duly adopted and examined as follows: ① The victim was trying to get a taxi to move to the house at the hospital, i.e., ① the convenience store located immediately adjacent to the taxi stop for the purpose of tobacco fraud to be cut to the hospital, and the victim stated that the stuffs, including the clothes, cosmetics, three-dimensionals, food tools, head of Tong, 1,600 won from the hospital when released from the hospital, were placed above the taxi stop delivery near the taxi stop; ② the clothes, cosmetics, three-dimensionals, clean washing utensils, sprinks, bankbooks, 1,60 won, etc. were found to have not been seen as having been brought to the above goods or garbage by the police after obtaining the goods owned by the victim from the victim from the police.

“At the time, the clothes were completely clothesd by the question.”