A defendant shall be punished by a fine of 400,000 won.

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

Punishment of the crime

On 13:10 on 25:25:20 on 2017, the Defendant cut off with 130,000 won in cash, 130,000 won, one vehicle key, one house key, one house key, and one 50,000 won in the market value of the victim C, which was set up in front of the “FFFFFFFFFFFFFFFFFFFFFFFFE” in the middle of 191 via the cresh of the victim C, which was set up in front of the “FFFFFFFFFFFFFFFFFFFE” in the 191-ro, Mabba, without the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A description of the photograph (on-site and scene of crime);

1. Protocols of seizure, list of seizure, photograph description (property seized) (the defendant and his defense counsel did not contain KRW 1.30,000 in cash at the time when the defendant steals a kidum as stated in the facts charged of this case).

The grounds for appeal are as follows.

However, the following circumstances acknowledged by the aforementioned evidence, namely, the victim’s testimony was relatively specific and detailed, and the victim stated the amount of KRW 300,000 in cash at the time of the initial police investigation.

In full view of the fact that it is difficult to eliminate the possibility that the victim caused such a mistake in light of the circumstances at the time, the context before and after testimony, etc., the testimony contained KRW 130,000 in the KIKO, such as criminal facts.

It is reasonable to view it.

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;