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(영문) 대구지방법원 김천지원 2014.04.15 2013고정596
절도등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On March 19, 2013, the Defendant, along with C, acquired stolen goods from a taxi driver who was unable to know his/her name in 77 Dong-dong 77 Dong-dong 77 on March 19, 2013, with C, by purchasing a gallon 1 smartphone 90,000 won at the market price of 990,000 won, and a gallon 3 smartphone 1 cost at the market price of 980,000 won, which is owned by the victim E, with knowledge that it is a stolen goods.

2. The defendant's sole criminal conduct;

A. A. On February 2013, 2013, the Defendant: (a) was stolen with one flophone, where the victim was unable to know his/her name in the HPC toilet managed by G in the Gu, Si, Si, Si, Gu; and (b) the market price of which cannot be known in the HPC toilet located in the G, Si, Gu; and (c) was stolen with one flophone.

B. On March 2013, 2013, the Defendant acquired stolen goods at KRW 150,000, even though he was aware of the fact that it was the first cost of an observer’s smartphone, the market price of which was 980,000, which was owned by the victim J., which was stolen by I, around 19,00, on the last day of the mid-term 19:0.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding C and I;

1. Statement to J police officers;

1. Each police statement of E, D, and G;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 362(1) of the Criminal Act and Articles 362(1) and 30 of the Criminal Act regarding criminal facts, the choice of punishment, and Article 329 of the Criminal Act (Article 329 of the Criminal Act was a situation in which customers can immediately return to and recover possession of things between them at the time when the Defendant was able to take such action, and if it was out of such a stage, the possession of the customer or the manager of the business. Therefore, the Defendant’s exclusion of possession of the customer or the manager of the business, and the right to such possession is legally lawful, not just embezzlement, but also theft) of the Criminal Act, Article 362(1) of the Criminal Act, and Article 329 of the Criminal Act (Article 329 of the Criminal Act).

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