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(영문) 수원지방법원 성남지원 2017.12.15 2016고단4255
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 17, 2016, the Defendant, as a taxi engineer operating E-si, installed the said taxi in front of the F-si in Bupyeong-si around 01:39 on October 17, 2016, and cut off with 10,000 won in cash, 70,000 won in the market price of the victim’s possession, who was a passenger under the influence of alcohol at the back of the taxi, and who was worn by the victim, and was on the back of the taxi, with 10,000,000 won in the market price of the victim’s possession, and 10,000,000 won in the market price of the victim’s possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. Statement made by the police against D;

1. Each investigation report (the attachment of a photograph of roller director's visual guarantee, CCTV's scambling photographs and images that account for the taxi), and each photograph, CCTV image CD [the victim] specifically states the situation before and after the cab of this case, the situation before and after the cab of this case, and the progress until the date the fact of truth is confirmed and reported has no visibility and lock, and there is also rationality in its explanation, and there is no particular unreasonable or contradictory part in the statement.

CCTV images around the place where the victim gets on and off the taxi of this case also supported the statements of the victim.

In addition, the injured person makes a false statement in order to mislead the defendant.

It does not seem that it does not appear.

Therefore, the victim's statement has credibility.

The decision is judged.

In full view of these statements made by the victim and the remaining evidence as seen earlier, the Defendant may recognize the fact that the Defendant stolen the victim’s visibility and wallet, such as the statement in the facts charged.

Application of Statutes

1. Article 329 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation is committed by the defendant who is a taxi passenger.

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