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(영문) 광주지방법원 2020.07.23 2020고정61
절도
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 14:55 on June 20, 2019, the Defendant, at the top line platform of the Macheon Station located in 883 as the regular director of the Seo-gu, Seo-gu, Gwangju, he stolen the total of KRW 2,50,000,000 in cash owned by the victim B, KRW 2,000,000, KRW 10,000, KRW 100,000, KRW 10,000, and KRW 5,000 in cash.

Summary of Evidence

1. Legal statement of the witness B;

1. A investigative report (including photographs and photographs attached thereto ofCCTV);

1. On-site photographs;

1. Application of Acts and subordinate statutes to verify CCTV images;

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged in the subway station, despite the victim's wallets (hereinafter "the instant wallets"), did not have money in the subway station, did not contact the victim because there was no contact address, and delivered the victim to the service personnel working in the subway station to return the instant wall to the victim, so there was no intent to obtain unlawful acquisition from the Defendant.

Even if money was paid on the instant wall A, the intent of unlawful acquisition cannot be recognized as to the instant wall A that was immediately returned.

2. Determination

A. In light of the following circumstances acknowledged based on the foregoing evidence, it can be acknowledged that money was contained in the instant land A at the time, and that the Defendant had an intention to obtain unjust enrichment.

① The victim waited for subways on the platform of the Rocheon Station, leaving the instant wall in front of the train, and was seated next to the train, the victim was on board the train with empty hand while keeping the wall in front of the train.

② The Defendant and her husband C found the instant wallets that the victim was landed from the train, and found them.

③ The Defendant, having the wall of this case, runs away once from the Macheon Station.

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