Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is a person who is engaged in the water collection business.

On December 28, 2018, at the front of the 'C' restaurant B located in Asan-si, Asan-si on December 28, 2018, the Defendant: (a) arbitrarily used one color-mam (a 1m, 50cm in length, 40,000 won in the market price) to be dried after washing the victim D and then cut off.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Three on-site photographs;

1. Application of the Acts and subordinate statutes to a report on investigation (verification of CCTV images), a report on investigation (Attachment of access data), a report on investigation (specific as a suspect), and a report on investigation (Attachment of a victim interview and quotation);

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts to the effect that he did not have any criminal intent for larceny, as he was aware of the Doma as being abandoned in the judgment at the time.

2. The thief’s criminal intent refers to the perception that another person’s possession under another’s possession is transferred to him/herself or to a third person’s possession against his/her will. Thus, in cases where another person has renounced his/her ownership and acquired it as a stolen article, the thief’s criminal intent cannot be recognized unless there is a justifiable reason for misunderstanding as such.

(See Supreme Court Decision 88Do971 delivered on January 17, 1989). In other words, the following circumstances that can be recognized by the evidence duly adopted and investigated by this Court, namely, ① purchased the Doma as indicated at the time of the instant case, and the Doma did not seem to have been misled or damaged as being dissipatedd. ② Although the Doma was placed on the floor near the restaurant cafeteria operated by the victim, it did not contain a stop tank or a garbage bag, etc.