(영문) 부산지방법원 동부지원 2015.07.23 2015고정359

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2015.07.23 2015고정359

절도

Text

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

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

Reasons

Punishment of the crime

On November 25, 2014, around 22:20 on November 25, 2014, the Defendant: (a) discovered 4,50,000 won-in female boomed female booms, which were posted on the side of the ATM machine in the area of the victim E, and then stolen it by putting it into the main machine of his own on the part of the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted to the purport that the defendant, who believed the loss of the wall in the judgment, was holding the wallet as they were in possession of the victim's sound, and that no criminal intent of theft exists.

However, according to the evidence duly adopted and examined by this court, if the defendant found the wallets in the ATM machinery side of the convenience store in the judgment of the court, and led the defendant to a lower drinking water cooling room in the calculation unit instead of collecting it, and the defendant got out of the convenience store between the defendant and the right towards the calculation unit, and the defendant got out of the convenience store. They can be acknowledged that the defendant saw the wall and went out of the convenience store as it is, and if the defendant want to find out the main owner of the wall A as indicated in the judgment of the court, that is, if the defendant want to find out the main owner of the wall, then it conforms to the common sense that he would give the wall and take measures such as asking the main owner of the wall to find the main owner of the wall to the point toward the calculation unit. Rather, the defendant toward a lower drinking water cooling in the calculation unit.

참조조문

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