(영문) 서울동부지방법원 2019.05.15 2018고정1284

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(영문) 서울동부지방법원 2019.05.15 2018고정1284

절도

Text

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

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

Reasons

Punishment of the crime

On July 17, 2018, at around 16:03, the Defendant, at the Category D store operated by the victim C in Gangdong-gu Seoul Metropolitan Government, stolen it without calculating the amount of 100,000 won, which had been displayed at the victim's display, by using the gaps in which the surveillance of the victim was neglected.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E and C;

1. On-site reports (CCTV verification), CCTV CDs;

1. Application of Acts and subordinate statutes to report on investigation (to re-examine statements made by victims and to re-verification CCTVs);

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant had no intention of larceny since he asked the victim at the time of the plaintiff to purchase the Gu's sludge (hereinafter "the ground of this case") by asking the price of the plaintiff and then put it into the defendant's bank, and the victim was 74,000 won notified that the total product price was 74,000 won.

2. According to the evidence as seen earlier, while carrying on shopping in the victim's store for at least one hour, the Defendant confirmed the victim's moving out of the store, and collected the above wall from other winners immediately before the display stand where the wall of this case is located, and the victim gets out of the store and gets out of the store to put the above wall in the travel stand, and the victim gets out of the store and gets out of the store, and the defendant gets out of the store to put the above wall in the travel stand, and the fact that the card payment that the Defendant settled out of the store does not include the price of the wall of this case.

In addition to these facts.

참조조문

유사 판례

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