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(영문) 의정부지방법원 고양지원 2017.01.05 2016고정893
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 December 27, 2015, the Defendant, within the bus B B 9707 around 01:30 on December 27, 2015, stolen Samsung C&T PC at the bottom of the victim’s market value equivalent to KRW 2.50,00,00 from the perspective of the lower judgment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A report on investigation;

1. Comprehensively taking account of the following circumstances revealed by the bus boom images (by the above evidence, the Defendant’s theft of the victim’s boom PC as indicated in the facts charged.

① The victim used the tables PC in the bus of this case.

Recognizing that the victim lost the PC before he was down, the victim was found to have lost the PC, and it was found in the bus with the bus engineer, but it was not found in the bus.

② The Defendant, who was seated next to the victim, moved to the front seat of the victim, was fully aware of the body of the victim, and committed an act of the Presidential Decree on Security.

At that time, the defendant does not seem to have damaged the article.

Defendant

Other passengers did not perform the above acts.

Since then, the defendant immediately set off transportation cards from the bus without contact with the terminal at the next bus stops.

(3) No face-to-face PC on a black-to-face image may be verified to fall off from the bus entrance.

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;

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