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(영문) 대전지방법원 2018.12.21 2018고정1062
절도
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 5, 2018, the Defendant, at around 00:00, at around 00:0, at around 9 singing rooms in Seo-gu Daejeon, Seo-gu, Daejeon, the market price of the victim D (49:C) owned by the Defendant, which was kept there, was 200,000 won by inserting one microcommunication of TJ media into the Defendant’s bags.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. On-site photographs, CCTV video CDs (the Defendant alleged to the effect that “I think that his personal portable wind and fingers are created equally,” but according to the CCTV images taken at the time, the Defendant, as alleged by the Defendant, was able to confirm the face of having the wireless microphone used in his/her hand by inserting it on his/her bridge after inserting it into a bank that was opened on his/her bridge, and arranging the goods at the time, and making it possible for the Defendant to confirm the face of leaving the door with the article that can be seen as the handba, and as alleged by the Defendant, it is difficult to accept the Defendant’s assertion that he/she was aware that he/she reads the wireless microphone as another object or carried the wireless microphone on the door, and that it was sufficiently stolen after inserting it in his/her idea that he/she will steals the wireless microphones.”

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;

1. The reason for sentencing of Article 186(1) of the Criminal Procedure Act provides for a vindication that the defendant cannot obtain, denies his/her responsibility, and does not seem to be contrary to the attitude of the investigation agency and this court, and the fact that the defendant has a record of being suspended from indictment due to special larceny, the fact that the victim does not want the punishment of the defendant by agreement with the victim, and the damaged article has been returned.

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