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(영문) 청주지방법원 2020.05.20 2020고정45
절도
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a main agent.

On October 13, 2019, at around 18:23, 2019, at the entrance free of the Cmaart in the petition-gu B, Cheongju-si, two copies of gallon-based S10 and two credit cards, two gallon-based, one driver's license, and one amount of cash (al. 20,000 won) located in the cellular phone case, which were stolen by using the gaps around surveillance negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to ctv video photographs (the defendant and his defense counsel denies the intention of unlawful acquisition of the remaining goods other than cash; however, the defendant's intent of unlawful acquisition may be recognized in light of the following: (a) the process of the acquisition and return of the goods; (b) the fact that the Handphone was cut off all of the Handphones at night; and (c) the fact that the cash was arbitrarily acquired and only the remaining goods were returned;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., even if comprehensive consideration of the circumstances before and after the crime is given, it does not seem that the punishment of a summary order is too heavy. Thus, the punishment shall be determined as same as the summary order.

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