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(영문) 의정부지방법원 2017.09.21 2016고정2051
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

On September 13, 2015, the Defendant discovered the key of the object box put by the victim E in a shower saw or shower saw in the fourth floor of the underground floor of the C Building at the time of the Government around 01:50 on September 13, 2015, and then found the key of the object box put by the victim E and used by the victim.

They held 341 times and stolen 40,000 won in cash, which were located in the victim's saturf.

Summary of Evidence

1. Partial statement of the defendant;

1. The oral statement of E, the statement of F in the third public trial record;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel asserted that there was no theft of 40,000 won in cash owned by the victim by using the key of the victim's right box, as stated in the facts charged of this case, by determining the issue of the main sentence of Article 186 (1) of the Criminal Procedure Act concerning the burden of litigation costs.

In other words, the following circumstances acknowledged by this court comprehensively based on the evidence duly adopted and examined by this court are consistently stated to the effect that: ① the victim, from the investigative agency to the court of this court, "from the third shower box to the third shower box, she went back to the shower box, and she returned to the shower box, and she returned to her back to the back, she talked about employees and returned to her back to the second shower, and 40,000 won in cash from the place where she was put into the shower box, and ② from the investigative agency to the court of this court, she entered the shower box at the time, and she changed to outside the shower body by taking the shower and the fourth part into the shower box."

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