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(영문) 전주지방법원 2017.01.12 2016고단1299
절도
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, a police officer during the same month after January 2016.

Reasons

Criminal facts

On March 19, 2016, at around 22:00, the Defendant: (a) laid down one blus Hague (79,000 won) in the clothes using a cresh in which the surveillance of the victim D was neglected by the management entity in Kim Jong-si B; and (b) cut off the blus Hague (79,000 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (verification of amount of damage);

1. Article 329 of the Criminal Act applicable to the crime;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Part of the suspended sentence under Article 59 (1) of the Criminal Act (including the fact that the accused who does not have any history to commit the crime repents his mistake and that he agreed with the victim smoothly);

1. Summary of the facts charged

A. On January 2016, 2016, the Defendant: (a) displayed a blus scacker (brus equivalent to KRW 200,000) with a cresh in which the victim D’s surveillance was neglected; and (b) stolen the blus scacker’s body.

B. On January 2016, the Defendant stolen one cell phone cover (which is equivalent to KRW 30,000) at the same place as that of paragraph (a) in the same manner as that of paragraph (a).

(c)

On February 2, 2016, the Defendant stolen one of the Blus Hagues ( considerable of KRW 79,000) in the same place as paragraph A, and in the same manner as paragraph A, at the same time as paragraph A.

2. The Defendant is making a confession of this part of the facts charged not only to investigation agencies but also to this court.

However, since there is no evidence to reinforce the confession above, the confession cannot be considered as evidence of guilt because it constitutes evidence of the fact unfavorable to the defendant.

Thus, this part of the facts charged constitutes a case without proof of a crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this part of the judgment against the defendant pursuant to Article 58 (2) of the Criminal Procedure Act is publicly announced.

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