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(영문) 울산지방법원 2021.02.03 2020고정718
절도
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2020, the Defendant opened a string door door that was not corrected by the victim C’s DamM5 car at the underground parking lot “B hotel B in Yangsan-si, Yangyang-si, Yangyang-si, 2020, and destroyed the Defendant’s 20,000 won of the market price owned by the victim and caused the theft of the Defendant’s 1st M&5 car. The summary of the evidence was that the Defendant’s 20,000 won of the market price owned by the victim.

1. Some of the Defendant’s legal statements C and E CDs of CCTV (the Defendant and his defense counsel used damaged goods at the latest after entering the damaged vehicle with his own vehicle and then became aware of the fact that he was another person’s vehicle, and did not intend to commit theft. However, according to the evidence duly adopted and investigated by this court, the Defendant: (a) entered the damaged vehicle into the damaged vehicle and took the damaged part of the vehicle and took the damaged part of the vehicle, and (b) took the damaged part of the body; (c) although the Defendant could have mistaken the damaged vehicle as his own vehicle at the time of entering the damaged vehicle, it appears that the Defendant was aware that the Defendant was not his own vehicle at the time of leaving the damaged vehicle, but at the time of leaving the damaged vehicle, the Defendant and his defense counsel did not use his own pocket and her own stitts, and her stitts were supported by the Defendant.

However, in light of CCTV images, the Defendant suffered diskettes and appears to be stitts only in his hand, and the Defendant may recognize that the Defendant opened a whole of white, black, and white vehicle knife parked in the order next to the Defendant after leaving the damaged vehicle of this case, and in light of these circumstances, the Defendant’s intent to steals another’s property is sufficiently recognized, and thus, the above assertion is not acceptable).

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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