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(영문) 서울동부지방법원 2020.09.16 2019고정915
절도
Text

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

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

Reasons

Punishment of the crime

On April 2, 2019, around 12:15, the Defendant: (a) requested the Defendant, who was cleaning the above residence B building C in the victim’s residence of Songpa-gu Seoul building D (29 years of age), to clean again due to poor cleaning conditions; and (b) took two strings of the market price owned by the victim (1.5 meters of age and 2 meters of age).

Summary of Evidence

1. A protocol of examination of partial police officers of the defendant's testimony made in court by witness D and Mongolia;

1. Statement made to D by the police;

1. The written statement of D [the defendant and his defense counsel] argues that theft cannot be established since the victim unfairly refused payment of the price and brought a blods for securing the above claim even though the defendant had arrived at the maturity date of the cleaning claim after completing the cleaning of the blods, since it was used by the victim to bring the blods in order to secure the above claim. The theft refers to the removal of the property possessed by another person against the possessor's will from possession and the removal to his or her or a third party's possession. Whether a certain property is occupied by another person shall be determined by considering the intention of control as a subjective element other than the scope of management or the possibility of factual management as an objective element, and ultimately, in light of social norms, the form of the pertinent property and other specific circumstances shall be determined in light of social norms (see Supreme Court Decision 2008Do3252, Jul. 10, 2008; the defendant completed the cleaning at the time when the above blodscedscing, and the victim was removed from the victim's.

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