2017 Highest 5374 thief

A person shall be appointed.

○○○ (Lawsuits) and Kim○-○ (Trial)

Law Firm ○

[Defendant-Appellant]

August 24, 2018

Defendant shall be punished by a fine of KRW 3,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

The defendant is a police officer who has been engaged in field identification at a criminal scene, such as theft, due to the circumstances belonging to the Seoul Metropolitan Police Agency and the Scientific Investigative Team.

On October 6, 2017: around 00: 55, the Defendant discovered a white bag in an empty house during the travel period, and she was called to a single house, which is located in the Seongbuk-gu Seoul Metropolitan Government ○○○○○○○○○○○ road, and was conducting on-site identification work after receiving the report of 112 B, the Defendant brought about to the victim, who is a child of B in the second floor of the above residence, opening a verification color box on the book, and brought about the victim’s 43,00 UN (an amount of approximately 420,000 won), which is the victim’s possession, to find a white bag in an empty bank, and committed the larceny of the victim’s house at the victim’s house.

At around 01:40 on the same day, the Defendant: (a) as a hand to the victim at the inside of the first floor of the above residence; (b) one white bag of the national bank color bags containing one half of the above internationalized bag; and (c) one white bag of the national bank containing one half of the other hand; and (d) “I would bring three bags for food” to the victim. “I would like to bring three bags to the victim.” The victim “I want to talk with “I would like to talk with me?” but the Defendant “I want to talk with me? I would see me.” After the Defendant was unable to look back the bags, I would see “I would like to write me with her hand.” After considering the white paper of the national bank, I would like to see one white paper of the national bank, which is not in contact with the other hand, and then, I would like to see the victim as it is, 300 U.N. 4,000 bags owned by the victim.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

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

1. C’s legal statement;

1. Each police statement concerning B, C, and B;

1. A report of investigation (to be directed by a prosecutor);

1. Reports on internal accidents (related to recovery of damaged articles);

1. A report on internal investigation (related to internationalization and bags which a victim has received by a police officer responsible for identification);

1. Reports related to reports on the theft of a police officer (food identification);

1. A report on results of field identification and on-site file reports;

1. Determination as to the assertion by the defendant and his/her defense counsel regarding the statement of 112 reported case processing

1. Summary of the assertion

Although there is a fact that the defendant brought the bags containing UN at the time, this is merely a loss in the process of collecting several stolen bags, and it is not a intention of thief's bief's bief's thief's thief's thief's thief's thief

2. Determination

In full view of the following facts and circumstances acknowledged by the court’s duly adopted and examined evidence, it can be recognized that the Defendant had a criminal intent to commit a theft and intent to obtain unlawful acquisition. The Defendant and his/her defense counsel’s assertion cannot be accepted.

1. ① In this case, the national bank color bags containing 43,00 United Nations were put into contact with each other on the strings inside the 2nd floor of C, and there were 10,000 UN 2 pages, 5,000, 1,000 UN 3 pages. According to the Defendant’s statement, it appears that it was difficult for the Defendant to collect 1,000 SC Japan bank bags and 1,000 bags in the first strings of C and to collect 1,000 bags from the first strings of C and to collect 1,000 bags from the first strings of C and to collect 1,000 bags from the first strings of C without using the strings of thrings of C. It appears that it was difficult for the Defendant to collect 1,000 bags from the first strings of C in the process of collecting 1,000 strings of the first strings of C.

② At the first time, B made a statement that the Defendant was able to confirm the inside of the bags when the Defendant said that he would collect one bag and one white bag for fingerprinting, and that there was no way in the bags at the time. After that, C made a statement that the Defendant would collect one bag of the chromatic pattern, two white bags of the national bank (one half of the half of the white bags adjoining to the national bank, one of the non-folded bags), and whether the Defendant would not contain nitation within the national bank bag. However, even if the Defendant voluntarily made a statement, C was able to confirm that there was no inside of the bags or the family members of the national bank.

③ After completing the identification of the Defendant and D, C discovered that the envelope containing UNFCCC was shot, and discovered the fact by making a phone call to D and the Defendant via the border area, and filed a report again 112, and then made a phone call to confirm it to the Defendant two to three times by other police officers. However, according to the Defendant’s statement, according to the Defendant’s statement, it is doubtful that the Defendant discovered the envelope containing friendliness on the books of the second floor in the process of the on-site identification and did not collect it, and then left the envelope on the mar. If there is a doubt that the envelope containing UNFCCC was dead at the marry site, it is difficult to view it as a general response, without mentioning the above facts, or taking measures such as re-examination of the prior draft containing the collected evidence by the Defendant.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Act, Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant violated his duty as a police officer engaging in food service at the scene of crime at the scene of crime and thereby causes additional damage to the victim who has already been damaged by the crime. Considering the circumstances unfavorable to the defendant, the fact that the victims have expressed their intention not to punish the defendant by returning all the items damaged later, the victims expressed their intention not to punish the defendant shall be considered as favorable to the defendant. The punishment shall be determined as ordered by the order, comprehensively taking into account the following factors: the defendant's age, character and behavior, environment, criminal record, means and consequence of the crime; the records of

Judges Song Jae-soo