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(영문) 서울중앙지방법원 2016.04.25 2015고정3641
절도
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 19, 2015, around 08:30 on July 19, 2015, the Defendant discovered a head of the victim C’s market price and a wooden lelet in Gangnam-gu Seoul Seocho-gu, Seocho-gu, Seoul, and stolen it by using it.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel have brought about it as an article to be discarded, thus there was no intention to steal the defendant.

However, the above assertion that there was no intention to commit a theft in full view of the place where the theft of this case was placed, and the motive and circumstances leading up to the defendant's taking of the goods owned by the victim is difficult to accept. However, considering the fact that the victim did not want punishment, the value of the damaged goods is not large, and the damage was recovered, etc.

1. Each written statement A;

1. Two copies of a report on investigation, CCTV-cape photograph, and one copy of a damaged photograph;

1. A report on investigation, a photo of damaged articles, and a container photograph;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to guidance for place of crime);

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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