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(영문) 서울중앙지방법원 2018.11.08 2018고정2051
절도
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Punishment of the crime

On July 7, 2018, around 19:42, the Defendant stolen the victim B (47 tax) who was at the location of the Marina branch in Gangnam-gu Seoul, Gangnam-gu, 890-8, and 7, with a book book amounting to KRW 600,00, the market price of the victim B (47 tax) located at his own designated seat and had one copy of the above book amount owned by the victim who was at the location.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs of damaged articles and official announcements;

1. Relevant Article 329 of the Criminal Act concerning a crime. Article 329 (Selection of Penalty)

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 of the Provisional Payment Order (the defendant was aware that he was on the customer who was on the side fright, and did not have any intention to commit a theft, only because he was aware that he was on the frighter who was on the side frighter;

However, there is a room for the chair who was placed in the book, and at the night 21:00 on the day of the instant case, it is highly probable that the book owner had temporarily left the designated seat due to reasons such as meals, etc. around the time of crime. The Defendant, while moving the seat, has a string at the seat next to the seat where he was temporarily seated to view the string, and the owner of the designated seat left the string and returned back to the string.

As long as it may be determined, a long period of time has observed the seat adjacent to it;

There is no basis to see that actual victims did not have a book between 19:20 to 19:45 for meals.

In light of the fact that the defendant made a statement, there was a criminal intention to commit the theft.

A person may be determined] An unfavorable circumstance for sentencing: A favorable circumstance that denies and reflects the criminal intent: The degree of dolusence appears to be inappropriate; and the amount of damage is insignificant; and various circumstances that are conditions for sentencing specified in the arguments of this case, including the defendant's age, sex, career, home environment, motive and means of the crime, and circumstances after the crime, are considered.

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