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(영문) 부산지방법원 동부지원 2018.10.11 2018고정453
절도
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 12, 2018, around 23:01, the Defendant used the gap in C1st floor parking lots located in Busan Southern-gu, Busan-gu, with no surveillance in order to cut off one of the golf 1 sets and one of the golf 5,250,000 won in total. The summary of the evidence was stolen.

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that, as in the instant charges, golf whites would bring about, but the Defendant did not have any intention to larceny, to the effect that he/she was aware of the fact that he/she was aware of the fact, as in the instant charges.

However, it is difficult to readily conclude that the golf of this case fell short in light of the ordinary prices, etc., such as the shape or appearance of the golf of this case, contents, golf clubs, bags, etc.

In light of the following: (a) the place where golf whites appear; (b) the place where the goods are discarded, not the place where the goods are stored; (c) the place where the golf practice hall is a parking lot; and (d) the Defendant appears to have been easily identified; and (c) the fact that there is an intentional theft on the Defendant in light of the fact that there is no confirmation as to

The decision is judged.

Therefore, the defendant's assertion is difficult to accept.

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