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(영문) 서울중앙지방법원 2018.11.07 2018고정1449
절도
Text

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

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

Reasons

Punishment of the crime

On April 1, 2018, at around 20:34, the Defendant used the gap in which the management of the victim E (M, 30 years of age) was neglected in the location D’s new store located in Jung-gu Seoul, Jung-gu, Seoul. In addition, the Defendant used the gap in the management of the victim E (M, 30 years of age) and stolen the victim by putting the 34,900 slurper on emergency, which is located in the display stand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the photographs of damaged articles and photographs submitted by the person under consideration;

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 gist of the assertion is that the Defendant tried to pay a new injury after recovering a soldier’s disease, and there was no intention or intention of unlawful acquisition.

2. Determination

A. According to the evidence duly adopted and examined by the court, ① the Defendant was able to use two soldiers in front of the instant store, and the Defendant was able to ask for shopping bags or vinyl bags to another store where approximately four stores have been located immediately after discovery of the instant new box at each shop. ② After that, the Defendant was able to put the two of the Defendant’s public soldiers holding in the plastic bags and the instant new disease in the instant case in the instant case, the Defendant was able to raise damage to the F. ③ The Defendant was able to find that the Defendant was able to keep the Defendant’s new disease in the plastic bags, and the Defendant was able to raise damage to the F.m., ③ The Defendant was able to keep the victim’s other store, and the Defendant was able to do not have any new sales in Korea.

If the Defendant “a person who was asked for a so-called so-called so-called “a so-called so-called so-called a so-called so-called “a so-called so-called a so-called so-called so-called”, the fact that the Defendant did not settle the payment even though the victim reported to 112

On the other hand, the victim has examined the case from the point of view of the new attack of this case in this court and investigative agency.

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