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(영문) 부산지방법원 2017.04.12 2016고정3686
절도
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 17, 2016, around 09:30, the Defendant discovered a fluor red bank with which the market price is unknown, including 421,00 won in cash owned by the victim E, 21,000 won in the line of the separate removal site, 3, agricultural cooperative card 2, 3, 1, 1 copy of driving license, 1 copy of public official certificate, and 421,000 won in total.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Determination as to the assertion by the Defendant and the defense counsel of the police investigation report (CCTV video-facing location)

1. Although the alleged defendant brought the instant bags over cement cement lines adjacent to the waste separation and removal site, this is the victim's misunderstanding and bringing about the victim's misunderstanding as the abandoned goods, and there was no intention to commit the theft or to obtain illegal gains.

The argument is asserted.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case: (i) the Defendant: (a) although the Defendant went in the instant bank but he had cash, cards, etc., and carried in the instant bank together with the instant bank; and (b) the Defendant collected the paper, if he went in the instant bank, should check whether the instant bank is any food and salt that is used in the snow, stren, etc.; and (c) without doing so, the Defendant’s assertion that the instant bank was a naturally abandoned object, and (d) the Defendant argued that the Defendant would naturally be an object of the instant bank, without doing so, did not have a strong understanding; and (e) the Defendant’s assertion that the Defendant increased weight on the water if he brought in the water that is not recycled.

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