(영문) 전주지방법원 2017.05.15 2016고정856

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(영문) 전주지방법원 2017.05.15 2016고정856

절도

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 16, 2016, the Defendant deducted a distance of 20,000 won from the market price, which is set up in the victim’s home room between the victim C’s diving and the victim’s home room in the access room to the third floor of the Kim Jong-si Education and Culture Center.

In addition, they stolen them.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Judgment on the assertion of the defendant and defense counsel in the seizure protocol

1. The main point of the claim is that the defendant brought a multi-modal outlet owned by the victim, but it was known that the defendant was an article owned by the victim, so there was no intention of theft or illegal acquisition.

2. The evidence revealed earlier: (a) the victim combines the instant multi-modal license using cables to identify one’s own goods; (b) the Defendant left the instant multi-modal license within one week after the victim’s use of the multi-modal license; and (c) the Defendant was aware of the Defendant’s possession of the instant multi-modal license from the victim when one week has passed since the multi-modal license; and (d) the Defendant did not confirm the source of the instant multi-modal license and without confirming the difference in the victim’s location, the Defendant’s assertion that the damage was his or her own goods cannot be accepted; and (e) it is sufficient to recognize that the Defendant and his or her defense counsel had the intent to commit a theft and to have had the intent to obtain a theft at the time of committing the crime.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제329조

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