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(영문) 창원지방법원 진주지원 2018.09.13 2018고정95
절도
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On November 30, 2017, at around 10:17, the Defendant operated 3 poppy equivalent to 18,000 won of the re-building price and 10,000 won of the market price, using the gaps in the surveillance of the victim D, who is a building contractor at the housing construction site located in Jinju-si, at the housing construction site located in Jinju-si.

E The vehicle was stolen by loading it on the E-vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. As to the defendant's assertion of internal investigation report (in addition to the submission of a receipt of damaged articles), the defendant did not have any unlawful acquisition intent as to the uniforms among damaged articles, and there was no awareness of others as to the three stoppy poppy.

Therefore, according to the witness D's legal statement and evidence, the defendant can be found to have intentionally stolen the three of the pumps and poppy with an intention to acquire unlawful profits as stated in the facts of crime. Thus, the defendant's assertion is without merit.

Application of Statutes

1. Article 329 of the Criminal Act concerning the crime;

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;

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