Defendant shall be punished by a fine of 200,000 won.

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

Punishment of the crime

On September 5, 2014, the Defendant: (a) around 18:05, around the Busan Bluedong-gu, 104 Dong 1801, and (b) around 1802, while performing cable broadcasting removal work by front of the entrance of the above heading room, the Defendant saw the Defendant as the victim’s parts of cut off the cut-off process machinery equivalent to KRW 2,00,000, the market price of the Defendant’s possession of the 1801 heading room.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a investigative report (CCTV photographs, etc.);

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. Article 334(1) of the Criminal Procedure Act provides that the Defendant and the defense counsel did not have any intention to larceny since the Defendant and the defense counsel knew of the parts indicated in the judgment to have been abandoned.

A thief’s criminal intent refers to the perception that another person’s possession under another’s possession is transferred to himself/herself or to a third person’s possession against his/her will. Thus, in cases where another person has renounced his/her ownership and acquired it by mistake as a stolen article, it is difficult to recognize the thief’s criminal intent unless there is a justifiable reason for misunderstanding as such.

(See Supreme Court Decision 88Do971 delivered on January 17, 1989). However, the following circumstances acknowledged by the evidence, etc., i.e., (i) the victim was waiting for work to cover the newspaper in a paper box and to spread the part indicated above, (ii) the victim was placed on the side of the part mentioned above, and (iii) the part mentioned above was placed in an apartment corridor and the front door and the front door, and left waste, including the scrap metal, around the front door, not a separate collection site for apartment waste, and (iv) the part mentioned above was installed in the judgment.