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Defendant shall be punished by a fine of KRW 300,000.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On January 6, 2016, at around 14:40, the Defendant: (a) took advantage of the gap in which the surveillance of the victim D was neglected in the 1st floor lecture room of Jongno-gu Seoul Metropolitan Government building underground; and (b) took advantage of the difference in the victim D’s surveillance, the Defendant stolen, by putting one copy of “Seoyang Music Co., Ltd.” equivalent to KRW 27,000 in the market price of the island display stand for sale; and (c) one copy of “Btiltil Bi’s music in the 20th century”; and (d) three copies of books equivalent to KRW 87,000 in the total amount of KRW 142,00 out of the shopping bags.
Summary of Evidence
1. Statement made by the police against D;
1. A protocol of seizure and a list of seizure;
1. In light of the following circumstances, the investigation report (E CCTV video recording) (the defendant and his defense counsel asserted that there was no intention to commit a theft against the defendant, but this court could be known from the evidence duly adopted and investigated by this court, namely, the defendant's entry in his shopping bags together with two books which had not been completed in the calculation, would have been based on the intention to bring all these books, and it is not acceptable that the defendant had a criminal intent to commit a theft against the defendant, without completing the calculation of the books in his decision to purchase the tapes to be used in tear shopping bags, and that it is not easy to accept that the defendant had a criminal intent to commit a theft against the defendant.
Since it is reasonable to view the defendant and his defense counsel's above assertion is rejected.
Application of Statutes
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;