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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On December 19, 2013, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for property damage at the Busan District Court on December 19, 2013, and the said judgment became final and conclusive on December 27, 2013.
On August 5, 2013, the Defendant, at the 18:10th floor of the Busan Northern Building, stolen the amount equivalent to KRW 2.5 million at the 1st ton truck of 1st ton of 1st ton of 1st ton of 1st ton of 1st ton of 1st ton of 2,500 the market value of 1st ton of 1st ton of 2,500 the 1st ton of 1st ton of 1st to transport the 2nd to E in the underground of the building.
Summary of Evidence
1. Partial statement of the defendant (as of the second trial date);
1. Statement made to D by the police;
1. Seizure records;
1. Investigation report (a CCTV-style photographing at the time of cutting off);
1. Previous conviction: Case search and application of Acts and subordinate statutes;
1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that there was no intention to larceny since the defendant knew who was the defendant who was deprived of it. However, according to the evidence in the holding, considering the following: the victim's possession of the victim at the time was maintained, and the victim's possession was not recognized as a thing abandoned, it is reasonable to view that the defendant had an intention to larceny since the defendant had no intention to larceny.
Therefore, the defendant and his defense counsel's assertion is without merit.