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(영문) 인천지방법원 2021.03.19 2020고정1570
절도
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 25, 2020, around 15:34, 2020, the Defendant: (a) at the parking lot for the Incheon Branch of the C Company Incheon Branch, the victim D (5 tax) was on the bench, and stolen cash of USD 103,000, USD 200, USD 3, and approximately KRW 1,500,000 in the market price of which there are one bench, and then stolen this.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Data from CCTV images;

1. Application of Acts and subordinate statutes to photographic materials of damaged articles;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant only carried the bank to return it to the victim, and there was no intention of illegal acquisition.

2. According to the evidence duly adopted and examined by the court, the following circumstances are acknowledged.

The Defendant discovered that he was placed on the event of C Company Incheon Branch's parking lot, boarded the Muss vehicle, moved it in the event in the future, and brought about about five minutes other people passed from the event.

The Defendant did not so even have been able to leave a bank to C Party emotional workers or to the neighboring police station, and thereafter, the Defendant moved the bank from the Muss vehicle to the rear seat of the knife vehicle owned by himself, and did not make any attempt to return the bank to the victim for about four days until the contact is made by the investigative agency.

In full view of these circumstances, it can be recognized that the defendant has an intention to obtain unlawful acquisition.

The defendant of the reason for sentencing did not have any special criminal record in addition to once a fine is imposed, and all the damaged items were returned to the victim.

In addition, the age, sex, environment, family relationship, motive for the crime, and crime of the defendant.

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