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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 05, 2015, around 09:28, the Defendant: (a) laid the key to the vehicle at the front of the city in front of the Government of the Republic of Korea, and brought it to the house; and (b) laid down on the front of the vehicle driving seat of the victim, and stolen vinyl finites containing unfinites, clothing, etc. on the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Each investigation report, application of each photographic statute;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant was aware of the victim’s plastic paper containing infinites, clothing, etc., and thus, the Defendant was acquitted on the ground that the Defendant did not have any intention to larceny.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant’s criminal intent is sufficiently recognized, taking into account the following circumstances: (a) although the victim laid down a vinyl paper containing finites and clothing, there was no garbage bag around the place; and (b) the Defendant appears to have escaped in a direction different from the direction of its progress after the victim laid down the said vinyl paper and laid down the said plastic paper.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.