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(영문) 광주지방법원 2016.05.18 2016고정455
절도
Text

Punishment on the accused shall be determined by a fine of 300,000 won.

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

Reasons

Punishment of the crime

피고인은 2016. 01. 14. 10:35 경 광주 동구 구성로 218 농협 대인 지점 365 코너에서 피해자 C( 여, 50세) 가 은행 거래를 하면서 현금 인출기 위에 올려 둔 현금 2만 원과 롯데 카드, 농협카드 등이 들어 있는 시가 50만 원 상당의 샤넬 지갑을 가지고 가 절취하였다 증거의 요지

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

1. C’s statement;

1. The first report on internal investigation (the first report);

1. A criminal investigation report (based on the suspect's statement) / The defendant's statement of the suspect) : (a) the defendant cited a wall on the part of the main phone around the D Oriental Bank to find the owner of the wall and denied the defendant's intention of theft; (b) the following facts and circumstances acknowledged by the evidence in the judgment; (c) the defendant put the wall on the main part of the D Oriental Bank into the inner part of the withdrawal machine and did not make a transaction using the withdrawal machine; and (d) the defendant intentionally did not confirm the form of the defendant in the CCTV video installed in the middle of the above public telephone system through the above public telephone box from the aforementioned cash withdrawal machine to the above public part of the withdrawal machine; (d) it is difficult for the defendant who carried the carrying machine to find the reasons for entering the main part of the D Oriental Bank; and (e) the defendant's attempt to find the owner of the wall without having the police station or the earth stand to find the owner of the wall, etc.; and (e) it can be sufficiently acknowledged that the above defendant intentionally lost or lost the above facts were found.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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