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(영문) 춘천지방법원 원주지원 2015.03.26 2015고정39
절도
Text

A fine of KRW 300,00 shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On June 7, 2014, the Defendant: (a) had her husband C harvested approximately KRW 160 km owned by the victim E, F, and G, which had been buried in the 91.7 square meters of land owned by the victim D on June 7, 2014; (b) had the husband C harvested about 160 km.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

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. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant: (a) harvested at his/her own interest while harvesting the Victim’s interest; and (b) stored the Victim’s interest in the drum and stored it on the dry field of the Victim; (c) thus, there was no intention of unlawful acquisition of larceny.

However, in view of the fact that the victim testified from H that he tried to harvest the Defendant’s interest through H, and there is no evidence to verify that the Defendant stored the victim’s interest in the dry field in the drum and stored the victim’s interest in the dry field, it is determined that the Defendant had the intention of unlawful acquisition.

Therefore, we cannot accept the defendant's above assertion.

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