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(영문) 서울서부지방법원 2016.10.21 2016고정824
절도
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On October 12, 2015, at around 07:50, the Defendant: (a) placed one tree table and one sod, together with F, G, for six persons with six intentions equivalent to KRW 1.60,000, a victim E (age 36), on the front side of “D” located in Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H, I, and J;

1. Application of Acts and subordinate statutes to each investigation report (related to the recovery of damaged goods and CCTV-related investigations around the place of occurrence);

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that, with the permission granted from I, the person who was the principal owner of the instant tree table and so on, it was merely brought about as stated in its reasoning and it was not a theft.

According to the evidence duly adopted and examined, ① the tree table and sorara were originally made by the tree table of this case, ② the tree table of this case and sora are placed in the knife of knife, ② the knife of this case was placed in the knife of knife and the knife was placed in the knife of knife and the knife was placed in the knife of knife, ④ the above knife was placed in the knife of knife of knife of knife in the above knife of knife. ② the victim used the tree table of this case in the front of knife, and the knife of this case was used in the above manife of knife. ③ After the knife and so on, the knife of this case was held by the Defendant.

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