(영문) 서울북부지방법원 2017.01.13 2016고단5020

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자간(%)

(영문) 서울북부지방법원 2017.01.13 2016고단5020

절도

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On September 21, 2016, around 15:45, the Defendant: (a) committed a theft by citing the gap in surveillance of bags containing the victim C (V, 20 years of age) in the front section of the subway station in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, about September 21, 2016; (b) a major book of 250,000 won, which was put above the line of the train; and (c) a wall containing a cash and identification card.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Police seizure records;

1. The defendant's defense counsel asserts to the effect that the defendant's intent of unlawful acquisition is not acceptable since he/she has a bank of the victim to think of it as a lost property and return it to the main owner (the confirmation of the victim and CCTV confirmation case), investigation report (the CCTV and the suspect dong line in the preceding vehicle, the transportation card confirmation case), investigation report (the suspect specific) (the defendant and his/her defense counsel).

However, in full view of the following circumstances acknowledged by the evidence examined in this court: (a) the Defendant did not take the procedure of confirming the identity of the captain against the passengers on the front line (the victim was seated in the front line, and thus, if the Defendant followed the procedure of confirmation, he could sufficiently identify the owner); (b) the Defendant left the front line with the front line with the front line and brought the Defendant to the Defendant’s house without reporting the acquisition of lost property immediately; and (c) thereafter, upon reporting by the victim, the Defendant could recognize the intention of unlawful acquisition, and thus, the Defendant and the defense counsel’s above assertion cannot be accepted.)

Application of Statutes

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Penalty Penalty)

1. Penalty fine of 500,000 won to be suspended;

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

1. The reason for sentencing of Article 59(1) of the Criminal Act is that of the suspended sentence.

참조조문

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