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(영문) 서울서부지방법원 2018.08.30 2017고정1346
절도등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In the first instance, a summary order was issued with the defendant and D as a joint defendant, but only the defendant filed a request for formal trial. To the extent that it does not infringe on the defendant's right of defense, part of the facts charged is revised and recognized.

Defendant

A is an employee of Mapo-gu Seoul Metropolitan Government “C”, who was first employed on June 30, 2017, and the victim D is the president of “C”.

1. A thief: (a) around 14:50 on June 30, 2017, the Defendant: (b) opened a west in which employees E, who worked in the same way as C, had access to the locked place, and stored money, and stolen 10,000 won of the issuance of the Bank of Korea owned by the victim by gathering 10,00 won as his/her hand and inserting it into the back part.

2. The Defendant entered the inside to verify CCTV for the purpose of confirming the theft of the Defendant, but the victim got out of the outside.

“A dangerous object, which is a dangerous object stored near a knifter, was used as a hand and assaulted by the victim, such as harming the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 329 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the choice of fines for the crime; the relevant provision of the Criminal Act, Articles 329 of the Criminal Act, Articles 260 of the Criminal Act, and the choice of fines for the 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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