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(영문) 수원지방법원 성남지원 2020.04.14 2019고정1003
절도
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On April 7, 2019, at around 05:08, the Defendant: (a) cut off one of the non-permanent air conditioners, the market price of which the victim was located and set up at the same time for the installation of air conditioners, from the adjacent stairs of the “D” restaurant operation of the victim C in Seongbuk-gu Seoul Metropolitan City B and the first floor.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the Acts and subordinate statutes, such as field photographs (11 pages), CCTV images caps and photographs (30 pages of investigation records);

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 defendant convicted him of Article 334(1) of the Criminal Procedure Act of the provisional payment order, as stated in its reasoning, recognizes the fact that he brought about only one air conditioner out of the air conditioner, but it appears that the above outdoor period was very long, and since it was neglected outside of the entrance of the building, it was causing misunderstanding of and bringing about any article abandoned by the military. Thus, the defendant did not have the intention of larceny.

However, at that time, the above air-conditioning room was installed on the front stairs of the entrance of the 3rd floor building directly adjacent to the entrance of the 1st floor building where the cafeteria operated by the victim was located, and the cafeteria of the victim where the above the gate was installed was installed on the 1st floor immediately following it.

The air conditioners connected to the above air conditioners of 40 square meters, and their economic value was not small, such as the weight of more than 50 km, and the middle air conditioners traded at the market price of 1 million won with the air conditioners.

The victim purchased the 40 square air conditioners and the above outdoor air conditioners at the market price of one million won from the wife, and had from April 4, 2019, the above air conditioners were laid to the above site and waiting to install air conditioners from around three days before the date of the crime in this case.

On the other hand, the defendant collects and sells solid goods or waste in Pyeongtaek Dongdong.

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