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(영문) 부산지방법원 2018.08.17 2017고정2202
절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 11, 2017, at around 20:50, the Defendant: (a) purchased this article from D stores located in Busan So-gu, Busan; (b) and (c) cut off cash amounting to KRW 250,000, and KRW 120,000, and gift certificates equivalent to KRW 20,000,000.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to the investigation report (the sequences No. 3, 5 through 8 of the evidence list);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the instant assertion, the Defendant brought the victim’s wallets, but he was aware of one of the items purchased by him, and the Defendant did not have any criminal intent to larceny and used the cash on the wall.

2. The judgment of the Defendant: (a) called on the day following the crime, and returned the phone number of the Defendant, and returned the phone number to the Plaintiff; (b) it is difficult to deem the CCTV to be an act to be taken by the larceny; and (c) at the time of the instant case, the CCTV was installed in the calculation team, and the Defendant was in a situation where there was a very high probability of being exposed to the identity by calculating it with the physical card.

On the other hand, according to CCTV images at the scene at the time of the case (the first file No. 8 of the evidence list), the defendant, in the calculation team, has opened his/her bane on the wall of the victim who was placed on his/her left side, and has received other articles that have finished his/her calculation from the Accounting Board, and put them into the bane, and has been stored in the bane by hand under the condition that he/she did not cut the wall where he/she was under his/her own bane.

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