(영문) 수원지방법원 안산지원 2017.02.23 2016고정1603

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줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2017.02.23 2016고정1603

절도

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a private letter or business in the name of “D” from C and 5, and the victim E is a person who leased a part of the inside space of the above “D” to operate the shop for women.

After the Defendant succeeded to the right to operate the “D” from the former lessor F of the relevant marina site, and the Defendant and the victim suffered a horse check in relation to the terms and conditions of the shop lease between the Defendant and the victim, the victim suspended the business after setting the lock at the entrance of the relevant marina site around June 7, 2016.

On June 11, 2016, from around 22:00 to around 23:00, the Defendant: (a) destroyed the locks corrected at the entrance of the relevant marina site; and (b) destroyed them inside the marina site by unfashing means; and (c) stolen them with the victim’s goods owned by the market price equivalent to approximately two million won, such as four air conditioners, three heat plates, three air conditionings, one air conditioners, one air conditioners, and one electronic siren.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. On-site photographs and on-site photographs (referring to photographs after theft), prior to the occurrence of the case;

6.6.Dupture photographs, concealed damaged objects photographs, entrance and exit photographs (locked photographs) of the shop site;

1. The defendant and his defense counsel asserted that the defendant did not have any unlawful intent to acquire, and four booms are not owned by the victim. The investigation report (the investigation to confirm the damaged goods) and investigation report (the statement made twice by the victim, etc.) (the defendant and his defense counsel).

However, the intention of unlawful acquisition necessary for the establishment of larceny refers to the intention to use and dispose of another person's property as his/her own property by excluding his/her right holder. It merely infringes on another person's possession.

That is, theft is not established immediately, but the intention of infringing on the ownership of property or other equivalent rights.

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