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(영문) 창원지방법원 밀양지원 2019.06.18 2019고정6
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. From August 7, 2018, around 18:16, the Defendant: (a) stolen the crehion of the victim C’s walling in a narrow bridge with the victim’s plane at the location; (b) KRW 100,000,000 in cash; and (c) KRW 5,000,000 in the market price owned by the victim; and (d) KRW 130,00,000,000 in the market price owned by the victim.

2. On August 7, 2018, at around 18:16, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, the Defendant went from the E parking lot located in D without a driver’s license to the said B-pented parking lot without a driver’s license, and driving a F-A-to-purd passenger vehicle at a section of about approximately 200 meters until he returned to the said E-parking again.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. The photograph of the crime scene, background inquiry, and driver's license (the defendant and his defense counsel asserted that there was no intention to obtain unlawful acquisition by asserting that the defendant had the intention to return to the victim at the time of the occurrence of the crime. However, according to the evidence duly adopted and investigated by this court, the following circumstances acknowledged by this court are as follows. In other words, even if the defendant was found that the right holder had nearby or could not know whether the defendant was coming to the seat of the wall for the recovery of the wall, he did not separately know whether the defendant was coming to the seat of the wall, and he did not keep the possibility of recovery of the wall by the method of sending the wall with the wall and leaving the contact with the victim. While the contact of the victim was seen in the wall, it is reasonable to view that the defendant had a intention to obtain unlawful acquisition by the defendant and his defense counsel in light of the following circumstances, such as the defendant's attempt to return the wall to the victim or leaving the victim to the investigation agency, etc. for the recovery of the wall.)

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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